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Rules  of  the  Supreme  Court  of  the 
United  States 

Rules  with  Reference  to  Appeals 
from  the  Court  of  Claims 

Rules  of  Practice  for  the  Courts  of 
Equity  of  the  United  States 

Rules  of  Practice  of  the  Courts  of 
the  United  States  in  Admiralty  and 
Maritime  Jurisdiction 

General  Orders  in  Bankruptcy 

Rules  Relating  to  Copyright ^.^ 

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WASHINGTON  :   GOVERNMENT  PRINTING  OFFICE   :   1918 


Rules  of  the  Supreme  Court  of  the 
United  States 

Rules  with  Reference  to  Appeals 
from  the  Court  of  Claims 

Rules  of  Practice  for  the  Courts  of 
Equity  of  the  United  States 

Rules  of  Practice  of  the  Courts  of 
the  United  States  in  Admiralty  and 
Maritime  Jurisdiction 

General  Orders  in  Bankruptcy 

Rules  Relating  to  Copyright 


■\V.\.SHI\nT()\   :    GOVERNMENT  PRINTING  OFFICI 


^Sbidb. 


RULES 


SUPREME  COURT  OF 
THE  UNITED  STATES 


WASHINGTON 
March  1,  1918 


3S3390 


INDEX  TO  RULES  OF  THE  SUPREME  COURT. 

Page. 
Abatement  by  reason  of  no  appearance  by  representatives  of 

deceaseti  party 24 

Act  of  March  2,  1!)07.  cases  under  to  have  4;')  minutes  to  a  side 

for  oral  argument 30 

Adjournment,  provisions  concerning 36 

Advancement  of  cases 35 

once  adjudicated 35 

criminal 35 

revenue 35 

involving  only  jurisdiction  of  lower  court-  38 

Admiralty  cases 22 

further  proof  in 20 

records  in 17 

Agreed  records,  may  be  sent  up 15 

Appeals  and  writs  of  error  direct  from  district  courts 40 

in  cases  involving  jurisdiction  of  district  court 38 

under  act  of  Mar.  3,  1911 40 

Appearance  of  counsel  required  to  docket  case 18 

for  either  party,  no 26 

for  defendant  in  error,  no 26 

for  plaintiff  in  error,  no 26 

Argument,  on  motions,  time  allowed  for 11 

oral,  who  may  open,  etc 30 

order  of 30 

printed,  not  received  after  submission 27 

printed,  submission  on 27 

time  allowed  for 30 

Assignment  of  errors,  case  not  heard  without 29 

provisions  concerning 39 

under  act  of  Mar.  .3,  1011 39 

Attachment  for  clerk's  fees 20 

Attorneys,  oath  of 9 

qualifications  of 9 

Bail,  when  and  how  granted 41 

Bill  of  exceptions 10 

Bond  on  supersedeas 36 

Brief  for  respondent,  on  petition  for  certiorari,  when  to  be  filed-  42 

Briefs 28 

form  of  printe<l 38 

not  received  after  argument 27 

of  counsel  for  plaintiff  in  error  or  ai^pellant,   what  to 

contain 28 


4  •   •  .INDEX  TO    RUIiES. 

Briefs — Continued.  Page, 

of  counsel  for  plaintiff  in  error  or  appellant,  when  to  be 

filed 28 

of  counsel  for  defendant  in  error  or  appellee,  what  to 

contiiin 29 

of  counsel  for  defendant  in  error  or  appellee,  when  to  be 

filed 29 

service  of  upon  adverse  party 29 

when  to  be  indexed 29 

Call  and  order  of  the  docket 34 

Cases  dismissed   in   vacation 36 

involving  same  question  may  be  heard  together 35 

passed,  how  restored  to  call 35 

Certified  record  as  exhibit  to  petition  for  certiorari 42 

Certified  cases  to  have  only  45  minutes  a  side  in  argument 30 

Certiorari  to  correct  diminution  of  record 22 

Certiorari,  writs  of  to  review  causes,  provisions  concerning 42 

Circuit  Courts  of  Appeals,  cases  from,  etc 41 

practice  in  cases  from 43 

Citations,  service  of 16 

when  returnable 16,17 

Clerk  of  the  court,  provisions  as  to 9 

Clerk's  fees,  attachment  for 20 

deposit   for 18 

table    of 32 

Conference- room  library 14 

Continuance  if  neither  party  be  ready  for  argument 34 

Cost  of  printing,  to  be  taxed  against  whom 20 

Costs,  deix)Sit  on  account  of 18 

not  to  be  allowed  for  or  against  the  United  States 32 

of  transcript  from  court  below  to  be  taxed 31 

to  be  inserted  in  mandate 32 

when  to  be  allowed,  etc 31 

Counsel,  admission  of 9 

appearance  of 18 

no  appearance  of 20 

two  only  to  be  heard  on  argument 30 

Cross  appeals,  to  be  argueti  as  one 30 

order  of  argument  in 30 

Custody  of  prisoners  on  habeas  corpus 39 

Damages  for  delay,  when  to  be  allowed 31 

Death  of  a  party 23 

no  appearance  for  representatives 24 

prior  to  allowance  of  writ  of  error  or  appeal...  24 

Deposit  on  account  of  costs 18 

Designation  of  parts  of  record  to  be  printed 20 

Diminution  of  record,  certiorari  to  correct 22 

Direct  appeals,  etc,  from  district  courts 40 


INDEX    TO    RmLES.  0 

Page. 

Dismissal  for  failure  to  deposit  costs  of  printing 19 

for  failure  to  file  brief 29 

Dismissed  cases,  mandates  to  issue  in 32 

Dismissiug  cases  iu  vacation 3G 

District  courts,  appeals  and  writs  of  error  from 40 

Docket,  call  of 34 

Docketing  aud  dismissing  cases 17 

Docketing  cases 17 

Docketing  of  cases  by  defendant  in  error  or  appellee 18 

Enlargement  of  time  before  mandate  may  issue 43 

of  time  for  docketing  cases 17 

Errors,  assignment  of 29 

not  specified  to  be  disregarded 29 

specification  of  in  briefs  of  plaintiff  in  error  or  appel- 
lant   28 

Estimate  of  costs  of  printing  to  be  made,  etc 19 

Evidence  in  record,  objections  to 22 

new,  in  admiralty 22 

new,  how  taken 22 

Exceptions,  bill  of 10 

Exhibits  of  material,  etc 38 

Fees,  attachment  for 20 

of  clerk  to  be  computed  on  record  as  filed 21 

security  for 18 

under  act  of  March  3,  1883.  table  of 32 

Form  of  printed  records  and  briefs 38 

Further  proof,  commission  for 21 

Habeas  corpus,  custody  of  prisoners  on 39 

Index  to  brief,  when  required 29 

Interest,  costs  and  fees  under  act  of  March  3,  1911 43 

Interest  at  law 30 

in  admiralty 31 

in   equity 31 

on  judgments,  how  calculated 30 

Jurisdiction  of  court  below  alone  in  issue,  time  for  oral  argu- 
ment of  such  cases 30 

of  lower  court,  cases  involving 38 

Law  library,  clerk  to  deposit  records  and  briefs  in 14 

how  books  may  be  taken  from L 14 

Library  of  conference  room,  custody  of,  etc 14 

List  of  cases  in  briefs,  when  required,  etc 29 

Mandate,   none  to  issue   in   twenty-eighth   rule  cases   without 

order  of  court 36 

■Mandates  to  issue  as  of  course  after  30  days 43 

in  all  cases  of  dismissal 32 

Marshal  to  have  custody  of  models,  diagrams,  etc 38 

Models,   diagrams,   and  exhibits   of   material,    provisions   con- 
cerning   38 


b  INDEX   TO   RULES. 

Page. 

Motion  day,  Monday  to  be 13 

Motions,  notice  of 12 

notice  and  service  of  briefs 12 

submission  of 12 

time  allowed  for  argument  of 11 

to  advance 35 

cases  ouce  adjudicated 35 

criminal  cases 35 

revenue  cases 35 

cases  involving  jurisdiction  of  district  court-  38 

to  be  in  writing,  etc 11 

to  affirm 12 

to  dismiss,  notice  of 12 

Neither  party  ready  at  second  term 26 

No  appearance  of  plaintiff  in  error  at  hearing 26 

of  defendant  in  ei-ror  at  hearing 20 

of  either  party  at  hearing 26 

Notice  of  petitions  for  certiorari  to  be  given 42 

Oath  of  attorneys 9 

Objections  to  evidence  in  record 22 

One  counsel  only  to  be  heard  when  no  oral  argument  for  other 

side 29 

Opinion  of  lower  court  to  be  sent  up  with  record IG 

Opinions  of  the  court 33 

to  be  printed 33 

to  be  filed  for  preservation 34 

need  not  be  copied  for  printing 34 

Oral  argument  not  permitted  on  i^etitions  for  certiorari 42 

Oral  arguments,  who  may  open,  etc 30 

Order  of  publication,  when  to  issue 23 

Original  papers,  copies  to  be  made  for  printer 19 

when  to  be  sent  up,  etc 16 

Original  records,  not  to  be  taken  from  office,  etc 9 

Original  transcript,  when  to  be  sent  to  printer 19 

Parties,   death  of 23 

Passing  of  case,  stipulation  for,  not  binding  on  court,  etc 36 

Petition  for  certiorari,  when  in  time 42 

Petitions  for  certiorari,  provisions  concerning 42 

for  rehearing 37 

Plaintiff  in  error  or  appellant,  no  appearance  of 26 

Practice  in  cases  from  Circuit  Courts  of  Appeals 43 

provisions  as  to 10 

Printed  arguments  equivalent  to  appearance 27 

not  received  after  oral  argument 27 

submission  on  within  first  90  days  of  term__  27 

Printing  records 18 

Printing,  the  clerk  to  supervise,  etc 19 

Prisoners,  custody  of,  on  habeas  corpus 39 


INDEX    TO   RULES.  7 

Page. 

Process,  form  of.  etc 11 

service   of 11 

Record 14 

printing  parts  of 20 

cost  of 19 

certiorari  for  diminution  of 22 

elimination  of  unnecessary  parts  in  making  up 15 

in  iidmiralty  cases _ 17 

in  cases  under  act  of  March  3,  1911 41 

how  printed 40 

penalty  for  printing  unnecessary  parts 16 

return    of 15 

to  contain  all  necessary  papers  in  full 16 

to  contain  opinion  of  court  below 16 

to  contain  translations  of  papers  in  foreign  languages 21 

to  be  printed  under  sui)ervision  of  clerk 19 

printed,  form  of 38 

thirty  copies  to  be  printed 19 

Eehenrlng.  petitions  for 37 

Eepresentatives  of  deceased  parties  appearing 23 

not  appearing . 24 

Return  day 16 

lieturu  to  writ  of  error 14 

Revenue  cases  advanced  on  motion 35 

Saturday,  no  arguments  to  be  heard  on 13 

Second  term,  neither  party  ready  at 26 

Security  for  clerk's  fees 18 

Service  of  briefs  upon  adverse  party 29 

Specification  of  errors  in  brief 28 

Statutes  cited  to  be  printed  in  briefs 29 

Subpoena,  service  of 11 

Summary  docket,  when  cases  to  be  transferred  to 13 

Supersedeas  bonds 36 

Table  of  fees,  act  of  Mar.  3,  1883 33 

Ten  cases  only  to  be  called  on  one  day 34 

Time  allowed  for  argument 30 

Transcript  of  record  from  court  below,  costs  of  to  be  taxed 31 

Translations 21 

Two  counsel,  only,  to  argue  orally  for  each  side 30 

I'nited  States  cases,  no  costs  to  be  allowed  in 32 

Vacation,  dismissiil  of  cases  in 36 

Writ  of  error  and  api)eal,  return  and  record 14 

Writ  of  error,  return  to 14 

under  act  of  Mar.  3,  1911 40 

Writs  of  error  and  appeals  in  cases  involving  jurisdiction  of 

lower  court 38 


RULES  OF  THE  SUPREME  COURT  OF  THE 
UNITED  STATES. 


CLERK. 

1.  The  clerk  of  this  court  shall  reside  and  keep 
the  office  at  the  seat  of  the  National  Government, 
and  he  shall  not  practice,  either  as  attorney  or 
counsellor,  in  this  com*t,  or  in  any  other  court,  while 
he  shall  continue  to  be  clerk  of  this  court. 

2.  The  clerk  shall  not  permit  any  original  record 
or  paper  to  be  taken  from  the  court  room,  or  from 
the  office,  without  an  order  from  the  court,  except 
as  provided  by  Rule  10. 

ATTORNEYS   AND   COUNSELLORS. 

1.  It  shall  be  requisite  to  the  admission  of  attor- 
neys or  counsellors  to  practice  in  this  com't,  that 
they  shall  have  been  such  for  three  years  past  in  the 
highest  courts  of  the  States  to  which  they  respectively 
belong,  and  that  their  private  and  professional 
characters  shall  appear  to  be  fair. 

2.  They  shall  respectively  take  and  subscribe  the 
following  oath  or  affirmation,  viz: 

I, ,  do  solemnly  swear  (or  affirm) 

that  I  will  demean  myself,  as  an  attorney  and  coun- 
sellor of  this  court,  uprightly,  and  according  to  law; 
and  that  I  will  support  the  Constitution  of  the 
United  States. 


10  EUL,ES   SUPREME   COURT  UNITED   STATES. 

3. 
PRACTICE. 

This  court  considers  the  former  practice  of  the 
courts  of  king's  bench  and  of  chancery,  in  England, 
as  affording  outlines  for  the  practice  of  this  court; 
and  will,  from  time  to  time,  make  such  alterations 
therein  as  circumstances  may  render  necessary. 

4. 

BILL    OF    EXCEPTIONS. 

The  judges  of  the  district  courts  in  allowing  bills 
of  exception  shall  give  effect  to  the  following  rules: 

1.  No  bill  of  exceptions  shall  be  allowed  which  shall 
contain  the  charge  of  the  court  at  large  to  the  jury 
in  trials  at  common  law,  upon  any  general  exception 
to  the  whole  of  such  charge.  But  the  party  except- 
ing shall  be  required  to  state  distinctly  the  several 
matters  of  law  in  such  charge  to  which  he  excepts; 
and  those  matters  of  laAV,  and  those  only,  shall  be 
inserted  in  the  bill  of  exceptions  and  allowed  by  the 
court. 

2.  Only  so  much  of  the  evidence  shall  be  embraced 
in  a  bill  of  exceptions  as  may  be  necesssary  to  present 
clearly  the  questions  of  law  involved  in  the  rulings 
to  which  exceptions  are  reserved,  and  such  evidence 
as  is  embraced  therein  shall  be  set  forth  in  condensed 
and  narrative  form,  save  as  a  proper  understanding 
of  the  questions  presented  may  require  that  parts 
of  it  be  set  forth  otherwise. 


KULES   SUPREME   COURT   UNITED   STATES.  H 


PROCESS. 

1.  All  process  of  this  court  shall  be  in  the  name  of 
the  President  of  the  United  States,  and  shall  contain 
the  Christian  names,  as  well  as  the  surnames,  of  the 
parties. 

2.  When  process  at  common  law  or  in  equity  shall 
issue  against  a  State,  the  same  shall  be  served  on  the 
governor,  or  chief  executive  magistrate,  and  attorney- 
general  of  such  State. 

3.  Process  of  subpoena,  issuing  out  of  this  court,  in 
any  suit  in  equity,  shall  be  served  on  the  defendant 
sixty  days  before  the  return  day  of  the  said  process; 
and  if  the  defendant,  on  such  service  of  the  subpoena, 
shall  not  appear  at  the  return  day,  the  complainant 
shall  be  at  liberty  to  proceed  ex  parte. 

6. 

MOTIONS. 

1.  All  motions  to  the  court  shall  be  reduced  to 
writing,  and  shall  contain  a  brief  statement  of  the 
facts  and  objects  of  the  motion. 

2.  Forty-five  minutes  on  each  side  shall  be  allowed 
to  the  argument  of  a  motion,  and  no  more,  without 
special  leave  of  the  court,  granted  before  the  argument 
begins. 

3.  No  motion  to  dismiss,  except  on  special  assign- 
ment by  the  court,  shall  be  heard,  unless  previous 
notice  has  been  given  to  the  adverse  party,  or  the 
counsel  or  attorney  of  such  party. 


12  RULES   SUPREME   COURT  UNITED   STATES. 

4.  All  motions  to  dismiss  writs  of  error  and  appeals, 
except  motions  to  docket  and  dismiss  under  Rule  9, 
must  be  submitted  in  the  first  instance  on  printed 
briefs  or  arguments.  If  the  court  desires  further 
argument  on  that  subject,  it  will  be  ordered  in 
connection  with  the  hearing  on  the  merits.  The 
party  moving  to  dismiss  shall  serve  notice  of  the 
motion,  with  a  copy  of  his  brief  of  argument,  on 
the  counsel  for  plaintiff  in  error  or  appellant  of 
record  in  this  court,  at  least  three  weeks  before 
the  time  fixed  for  submitting  the  motion,  in  all 
cases  except  where  the  counsel  to  be  notified  resides 
west  of  the  Rocky  Mountains,  in  which  case  the  notice 
shall  be  at  least  thirty  days.  Affidavits  of  the 
deposit  in  the  mail  of  the  notice  and  brief  to  the 
proper  address  of  the  counsel  to  be  served,  duly 
post-paid,  at  such  time  as  to  reach  him  by  due 
course  of  mail,  the  three  weeks  or  thirty  days  before 
the  time  fixed  by  the  notice,  will  be  regarded  as 
prima  facie  evidence  of  service  on  counsel  who 
reside  without  the  District  of  Columbia.  On  proof 
of  such  service,  the  motion  will  be  considered, 
unless,  for  satisfactory  reasons,  further  time  be 
given  by  the  court  to  either  party. 

5.  The  court  in  any  pending  cause  will  receive 
a  motion  to  affirm  on  the  ground  that  it  is  manifest 
that  the  writ  or  appeal  w^as  taken  for  delay  only, 
or  that  the  questions  on  which  the  decision  of  the 
cause  depend  are  so  frivolous  as  not  to  need  further 
argument.     The  same  procedure  shall  apply  to  and 


RULES   SUPREME   COURT  UNITED   STATES.  13 

control  such  motions  as  is  provided  for  in  cases  of 
motions  to  dismiss  under  paragi'aph  4  of  this  rule. 

6.  Although  the  court  upon  consideration  of  a  mo- 
tion to  dismiss  or  a  motion  to  affirm  may  refuse  to 
grant  the  motion,  it  may  nevertheless,  if  the  conclu- 
sion is  arrived  at  that  the  case  is  of  such  a  character 
as  not  to  justify  extended  argument,  order  the  cause 
transferred  for  hearing  to  a  summary  docket.  The 
hearing  of  the  causes  on  such  docket  will  be  expe- 
dited, the  court  providing  from  time  to  time  for 
such  speedy  disposition  of  the  docket  as  the  regular 
order  of  business  may  permit,  and  on  the  hearing 
of  such  causes  one-half  hour  \vill  be  allowed  each 
side  for  oral  argument. 

7.  The  court  will  not  hear  arguments  on  Saturday 
(unless  for  special  cause  it  shall  order  to  the  con- 
trary), but  will  devote  that  day  to  the  other  business 
of  the  court.  The  motion  day  shall  be  Monday  of 
each  week;  and  motions  not  required  by  the  rules 
of  the  court  to  be  put  on  the  docket  shall  be  entitled 
to  preference  immediately  after  the  reading  of 
opinions,  if  such  motions  shall  be  made  before  the 
court  shall  have  entered  upon  the  hearing  of  a  case 
upon  the  docket. 

LAAV    LIBRARY. 

1.  During  the  session  of  the  court,  any  gentleman     , 
of  the  bar  having  a  case  on  the  docket,  and  wishing      /X 
to  use  any  book  or  books  in  the  law  library,   shall  be 


i/ 


14  RULES   SUPREME   COURT   UNITED   STATES. 

at  liberty,  upon  application  to  the  clerk  of  the  court, 
to  receive  an  order  to  take  the  same  (not  exceeding  at 
any  one  time  three)  from  the  library,  he  being  thereby 
responsible  for  the  due  return  of  the  same  within  a 
reasonable  time,  or  when  required  by  the  clerk. 
And  in  case  the  same  shall  not  be  so  returned,  the 
party  receiving  the  same  shall  be  responsible  for  and 
forfeit  and  pay  twice  the  value  thereof,  and  also  one 
dollar  per  day  for  each  day's  detention  beyond  the 
limited  time. 
\  ;  2.  The  clerk  shall  deposit  in  the  law  library,  to  be 
-there  carefully  preserved,  one  copy  of  the  printed 
record  in  every  case  submitted  to  the  court  for  its 
consideration,  and  of  all  printed  motions,  briefs,  or 
arguments  filed  therein. 

3.  The  marshal  shall  take  charge  of  the  books  of 
the  court,  together  with  such  of  the  duplicate  law 
books  as  Congress  may  direct  to  l^e  transferred  to  the 
court,  and  arrange  them  in  the  conference  room,  which 
he  shall  have  fitted  up  in  a  proper  manner;  and  he 
shall  not  permit  such  books  to  be  taken  therefrom  by 
any  one  except  the  justices  of  the  court. 


WRIT   OF    ERROR   AND    APPEAL,    RETURN    AND    RECORD. 

1.  The  clerk  of  the  court  to  which  any  writ  of  error 
may  be  directed  shall  make  retm-n  of  the  same,  by 
transmitting  a  true  copy  of  the  record,  and  of  the 
assignment  of  errors,  and  of  all  proceedings  in  the 
case,  under  his  hand  and  the  seal  of  the  court. 


BULES  SUPREME   COURT  UNITED   STATES.  15 

In  order  to  enable  the  Clerk  to  perform  such  duty 
and  for  the  purpose  of  reducing  the  size  of  transcripts 
of  record  in  cases  brought  to  this  Court  by  appeal  or 
WTit  of  error,  by  eliminating  all  papers  not  necessary 
to  the  consideration  of  the  questions  to  be  reviewed,  it 
shall  be  the  duty  of  the  appellant  or  plaintiff  in  error 
or  his  attorney  to  file  with  the  clerk  of  the  lower  court, 
together  with  proof  or  acknowledgment  of  service  of  a 
copy  on  the  appellee  or  defendant  in  error,  or  his 
counsel,  a  praecipe  which  shall  indicate  the  portions 
of  the  record  to  be  incorporated  into  the  transcript  of 
the  record  on  such  appeal  or  writ  of  error.  Should 
the  appellee  or  defendant  in  error,  or  his  counsel, 
desire  additional  portions  of  the  record  incorporated 
into  the  transcript  of  the  record  to  be  filed  in  this 
Court,  he  shall  file  with  the  clerk  of  the  lower  court 
his  praecipe  also,  within  ten  days  thereafter,  (unless 
the  time  shall  be  enlarged  by  a  judge  of  the  lower 
court  or  by  a  Justice  of  this  Court),  indicating  such 
additional  portions  of  the  record  desired  by  him. 

The  clerk  of  the  lower  court  shall  transmit  to  this 
Court  as  the  transcript  of  the  record  in  the  case  only 
the  portions  of  the  record  below  designated  by  both 
parties  as  above  provided. 

The  parties  or  their  counsel,  however,  may  agree 
by  written  stipulation  to  be  filed  with  the  clerk  of  the 
lower  court  the  portions  of  the  record  which  shall 
constitute  the  transcript  of  record  on  appeal  or  writ 
of  error,  and  the  clerk  in  such  case  shall  transmit  only 
the  papers  designated  in  such  stipulation. 


16  EULES   SUPREME   COURT  LTNited   STATES. 

If  this  Court  shall  find  that  portions  of  the  record 
unnecessary  to  a  proper  presentation  of  the  case  have 
been  incorporated  into  the  transcript  by  either  party, 
the  Court  may  order  that  the  whole  or  any  part  of 
the  Clerk's  fee  for  supervising  the  printing  and  of  the 
cost  of  printing  the  record  be  paid  by  the  offending 
party. 

2.  In  all  cases  brought  to  this  coiu-t,  by  ^Tit  of 
error  or  appeal,  to  review  any  judgment  or  decree, 
the  clerk  of  the  court  by  which  such  judgment  or  de- 
cree was  rendered  shall  annex  to  and  transmit  with 
the  record  a  copy  of  the  opinion  or  opinions  filed  in 
the  case. 

3.  No  case  will  be  heard  until  a  complete  record^ 
containing  in  itself,  and  not  by  reference,  all  the 
papers,  exhibits,  depositions,  and  other  proceedings 
which  are  necessary  to  the  hearing  in  this  coiu't,  shall 
be  filed. 

4.  Whenever  it  shall  be  necessary  or  proper,  in  the 
opinion  of  the  presiding  judge  in  any  district  court, 
that  original  papers  of  any  kind  should  be  inspected 
in  this  court  upon  T\Tit  of  error  or  appeal,  such 
presiding  judge  may  make  such  rule  or  order  for 
the  safe-keeping,  transporting,  and  return  of  such 
original  papers  as  to  him  may  seem  proper,  and  this 
court  will  receive  and  consider  such  original  papers 
in  connection  with  the  transcript  of  the  proceedings. 

5.  All  appeals,  WTits  of  error,  and  citations  must  be 
made  returnable  not  exceeding  thirty  days  from  the 
day  of  signing  the  citation,  whether  the  retm^n  day 
fall  in  vacation  or  in  term  time,  and  be  served  before 


RULES   SUPREME   COURT   UNITED   STATES.  17 

the  return  day,  except  in  -wTits  of  error  and  appeals 
from  California,  Oregon,  Nevada,  Washington,  New 
Mexico,  Utah,  Arizona,  Montana,  Wyoming,  North 
Dakota,  South  Dakota,  Alaska,  Idaho,  Hawaii  and 
Porto  Rico,  when  the  time  shall  be  extended  to  sixty 
days  and  from  the  Philippine  Islands  to  one  hundred 
and  twenty  days. 

6.  The  record  in  cases  of  admiralty  and  maritime 
jurisdiction,  when  under  the  requirements  of  law  the 
facts  have  been  found  in  the  court  below,  and  the 
power  of  review  is  limited  to  the  determination  of 
cjuestions  of  law  arising  on  the  record,  shall  be  con- 
fined to  the  pleadings,  the  findings  of  fact,  and  con- 
clusions of  law  t.hereon,  the  bills  of  exceptions,  the 
final  judgment  or  decree,  and  such  interlocutory 
orders  and  decrees  as  may  be  necessary  to  a  proper 
review  of  the  case. 

9. 

DOCKETING    CASES. 

1.  It  shall  be  the  duty  of  the  plaintiff  in  eiTor  or 
appellant  to  docket  the  case  and  file  the  record  thereof 
with  the  clerk  of  this  court  by  or  before  the  return 
day,  whether  in  vacation  or  in  term  time.  But,  for 
good  cause  shown,  the  justice  or  judge  who  signed 
the  citation,  or  any  justice  of  this  court,  may  enlarge 
the  time,  by  or  before  its  expiration,  the  order  of 
enlargement  to  be  filed  with  the  clerk  of  this  court. 
If  the  plaintiff  in  error  or  appellant  shall  fail  to  com- 
ply with  this  rule,  the  defendant  in  error  or  appellee 
may  have  the  cause  docketed  and  dismissed  upon 


18  KULES   SUPREME   COURT  UNITED   STATES. 

producing  a  certificate,  whether  in  term  time  or  vaca- 
tion, from  the  clerk  of  the  court  wherein  the  judg- 
ment or  decree  was  rendered,  stating  the  case  and 
certifying  that  such  writ  of  eiTor  or  appeal  has  been 
duly  sued  out  or  allowed.  And  in  no  case  shall  the 
plaintiff  in  error  or  appellant  be  entitled  to  docket 
the  case  and  file  the  record  after  the  same  shall  have 
been  docketed  and  dismissed  under  this  rule,  unless 
by  order  of  the  court. 

2.  But  the  defendant  in  error  or  appellee  may,  at 
his  option,  docket  the  case  and  file  a  copy  of  the 
record  with  the  clerk  of  this  court;  and  if  the  case  is 
docketed  and  a  copy  of  the  record  filed  with  the 
clerk  of  this  court  by  the  plaintiff  in  error  or  appel- 
lant within  the  period  of  time  above  limited  and 
prescribed  by  this  rule,  or  by  the  defendant  in  error 
or  appellee  at  any  time  thereafter,  the  case  shall 
stand  for  argument. 

3.  Upon  the  filing  of  the  transcript  of  a  record 
brought  up  by  writ  of  en'or  or  appeal,  the  appear- 
ance of  the  counsel  for  the  party  docketing  the  case 
shall  be  entered. 


PRINTING   RECORDS. 

1.  In  all  cases  the  plaintiff  in  error  or  appellant, 
on  docketing  a  case  and  filing  the  record,  shall  make 
such  cash  deposit  with  the  clerk  for  the  payment  of 
his  fees  as  he  may  require  or  otherwise  satisfy  him 
in  that  behalf. 


RTJLES    SUPEEME    COXJET   TNITED    STATES.  19 

2.  Immediately  after  the  designation  of  tlie  parts 
of  the  record  to  be  printed  or  the  expiration  of  the 
time  allotted  therefor,  the  clerk  shall  make  an  esti- 
mate of  the  cost  of  printing  the  record,  his  fee  for 
preparing  it  for  the  printer  and  supervising  fee,  and 
other  probable  fees,  and  upon  application  therefor 
shall  furnish  the  same  to  the  party  docketing  the 
case.  If  such  estimated  sum  be  not  paid  within 
ninety  days  after  the  cause  is  docketed,  it  shall  be 
the  duty  of  the  clerk  to  report  that  fact  to  the  court, 
and  thereupon  the  cause  will  be  dismissed,  unless 
good  cause  to  the  contrary  is  shown. 

3.  Upon  payment  of  the  amount  estimated  by  the 
clerk,  thirty  copies  of  the  record  shall  be  printed, 
under  his  supervision,  for  the  use  of  the  court  and 
of  counsel. 

4.  In  cases  of  appellate  jurisdiction  the  original 
transcript  on  file  shall  be  taken  by  the  clerk  to  the 
printer.  But  the  clerk  shall  cause  copies  to  be 
made  for  the  printer  of  such  original  papers,  sent 
up  under  Rule  8,  section  4,  as  are  necessary  to  be 
printed;  and  of  the  whole  record  in  cases  of  original 
jurisdiction. 

5.  The  clerk  shall  supervise  the  printing,  and  see 
that  the  printed  copy  is  properly  indexed.  He  shall 
distribute  the  printed  copies  to  the  justices  and  the 
reporter,  from  time  to  time,  as  required,  and  a  copy 
to  the  counsel  for  the  respective  parties. 

6.  If  the  actual  cost  of  printing  the  record,  to- 
gether with  the  fee  of  the  clerk,  shall  be  less  than  the 
amount  estimated  and  paid,  the  amount  of  the  differ- 


20  RULES    SUPREME    COURT    UNITED    STATES. 

ence  shall  be  refunded  by  the  clerk  to  the  party  pay- 
ing it.  If  the  actual  cost  and  clerk's  fee  shall  exceed 
the  estimate,  the  amount  of  the  excess  shall  be  paid 
to  the  clerk  before  the  delivery  of  a  printed  copy  to 
either  party  or  his  counsel. 

7.  In  case  of  reversal,  affirmance,  or  dismissal,  with 
costs,  the  amount  of  the  cost  of  printing  the  record 
and  of  the  clerk's  fee  shall  be  taxed  against  the  party 
against  whom  costs  are  given,  and  shall  be  inserted 
in  the  body  of  the  mandate  or  other  proper  process. 

8.  Upon  the  clerk's  producing  satisfactory  evi- 
dence, by  affidavit  or  the  acknowledgment  of  the 
parties  or  their  sureties,  of  having  served  a  copy  of 
the  bill  of  fees  due  by  them,  respectively,  in  this 
court,  on  such  parties  or  their  sureties,  an  attach- 
'ment  shall  issue  against  such  parties  or  sureties, 
respectively,  to  compel  payment  of  said  fees. 

9.  When  the  record  is  filed,  or  within  twenty 
days  thereafter,  the  plaintiff  in  error  or  appellant 
may  file  with  the  clerk  a  statement  of  the  points  on 
which  he  intends  to  rely  and  of  the  parts  of  the 
record  which  he  thinks  necessary  for  the  considera- 
tion thereof,  with  proof  of  service  of  the  same  on 
the  adverse  party.  The  adverse  party,  within  thirty 
days  thereafter,  may  designate  in  wTiting,  filed  with 
the  clerk,  additional  parts  of  the  record  which  he 
thinks  material;  and,  if  he  shall  not  do  so,  he  shall 
he  held  to  have  consented  to  a  hearing  on  the  parts 
designated  by  the  plaintiff  in  error  or  appellant.  If 
parts  of  the  record  shall  be  so  designated  by  one  or 
both  of  the  parties,  the  clerk  shall  print  those  parts 
only;  and  the  court  will  consider  nothing  but  those 


RULES    SUPREME    COURT    UNITED    STATES.  21 

parts  of  the  record  and  the  points  so  stated.  If  at 
the  hearing  it  shall  appear  that  any  material  part  of 
the  record  has  not  been  printed,  the  writ  of  error  or 
appeal  may  be  dismissed  or  such  other  order  made 
as  the  circumstances  may  appear  to  the  court  to 
require.  If  the  defendant  in  error  or  appellee  shall 
have  caused  unnecessary  parts  of  the  record  to  be 
printed,  such  order  as  to  costs  may  be  made  as  the 
court  shall  think  proper. 

The  fees  of  the  clerk  under  Rule  24,  section  7, 
shall  be  computed,  as  at  present,  on  the  folios  in 
the  record  as  filed,  and  shall  be  in  full  for  the  per- 
formance of  his  duties  in  the  execution  hereof. 
11. 

TRANSLATIONS. 

Whenever  any  record  transmitted  to  this  court 
upon  a  writ  of  error  or  appeal  shall  contain  any  doc- 
ument, paper,  testimony,  or  other  proceedings  in  a 
foreign  language,  and  the  record  does  not  also  contain 
a  translation  of  such  document,  paper,  testimony,  or 
other  proceedings,  made  under  the  authority  of  the 
inferior  court,  or  admitted  to  be  correct,  the  record 
shall  not  be  printed;  but  the  case  shall  be  reported 
to  this  court  by  the  clerk,  and  the  court  will  order 
that  a  translation  be  supplied  and  inserted  in  the 
record.  12. 

FURTHER   PROOF. 

1.  In  all  cases  where  further  proof  is  ordered  by  the 
court,  the  depositions  which  may  be  taken  shall  be 
by  a  commission,  to  be  issued  from  this  court,  or 
from  any  district  court  of  the  United  States. 


22  EULES   SUPREME    COURT  UNITED    STATES, 

2.  In  all  cases  of  admiralty  and  maritime  jm*is- 
diction,  where  new  evidence  shall  be  admissible  in 
this  court,  the  evidence  by  testimony  of  witnesses 
shall  be  taken  under  a  commission  to  be  issued  from 
this  court,  or  from  any  district  court  of  the  United 
States,  under  the  direction  of  any  judge  thereof; 
and  no  such  commission  shall  issue  but  upon  in- 
terrogatories, to  be  filed  by  the  party  applying  for 
the  commission,  and  notice  to  the  opposite  party 
or  his  agent  or  attorney,  accompanied  with  a  copy 
of  the  interrogatories  so  filed,  to  file  cross-interrog- 
atories within  twenty  days  from  the  service  of  such 
notice:  Provided,  however.  That  nothing  in  this 
rule  shall  prevent  any  party  from  giving  oral  testi- 
mony in  open  court  in  cases  where  by  law  it  is 
admissible. 

13. 

OBJECTIONS  TO   EVIDENCE   IN   THE   RECORD. 

In  all  cases  of  equity  or  admiralty  jurisdiction, 
heard  in  this  court,  no  objection  shall  hereafter 
be  allowed  to  be  taken  to  the  admissibility  of  any 
deposition,  deed,  grant,  or  other  exhibit  found  in 
the  record  as  evidence,  unless  objection  was  taken 
thereto  in  the  court  below  and  entered  of  record; 
but  the  same  shall  otherwise  be  deemed  to  have 
been  admitted  by  consent. 

14. 

CERTIORARI. 

No  certiorari  for  diminution  of  the  record  will  be 
hereafter  awarded  in  any  case,  unless  a  motion 
therefor  shall  be  made  in  writing,  and  the  facts  on 


RULES   SUPREME   COURT  UNITED   STATES.  28 

which  the  same  is  founded  shall,  if  not  admitted 
by  the  other  party,  be  verified  by  affidavit.  And 
all  motions  for  certiorari  must  be  made  at  the  first 
term  of  the  entry  of  the  case;  otherwise,  the  same 
wnll  not  be  granted,  unless  upon  special  cause  shown 
to  the  court,  accounting  satisfactorily  for  the  delay. 


DEATH    OF    A    PARTY. 

1.  Whenever,  pending  a  WTit  of  error  or  appeal 
in  this  court,  either  party  shall  die,  the  proper 
representatives  in  the  personalty  or  realty  of  the 
deceased  party,  according  to  the  nature  of  the 
case,  may  voluntarily  come  in  and  be  admitted 
parties  to  the  suit,  and  thereupon  the  case  shall 
be  heard  and  determined  as  in  other  cases;  and 
if  such  representatives  shall  not  voluntarily  become 
parties,  then  the  other  party  may  suggest  the  death 
on  the  record,  and  thereupon,  on  motion,  obtain  an 
order  that  unless  such  representatives  shall  become 
parties  within  the  first  ten  days  of  the  ensuing 
term,  the  party  moving  for  such  order,  if  defendant 
in  error  or  appellee  shall  be  entitled  to  have  the 
writ  of  error  or  appeal  dismissed;  and  if  the  party 
so  moving  shall  be  plaintiff  in  error  or  appellant 
he  shall  be  entitled  to  open  the  record,  and  on  hearing 
have  the  judgment  or  decree  reversed,  if  it  be  errone- 
ous: Provided,  however.  That  a  copy  of  every 
such  order  shall  be  printed  in  some  newspaper  of 
general  circulation  within  the  State,  Territory,  or 
District  from  which  the  case  is  brought,  for  three 


24  RULES   SUPREME    COURT   UNITED   STATES. 

successive  weeks,  at  least  sixty  days  before  the  begin- 
ning of  the  term  of  the  Supreme  Court  then  next 
ensuing. 

2.  When  the  death  of  a  party  is  suggested,  and  the 
representatives  of  the  deceased  do  not  appear  by  the 
tenth  day  of  the  second  term  next  succeeding  the 
suggestion,  and  no  measures  are  taken  by  the  oppo- 
site party  within  that  time  to  compel  their  appear- 
ance, the  case  shall  abate. 

3.  When  either  party  to  a  suit  in  a  court  of  the 
United  States  shall  desire  to  prosecute  a  writ  of 
error  or  appeal  to  the  Supreme  Court  of  the  United 
States,  from  any  final  judgment  or  decree,  ren- 
dered in  such  court,  and  at  the  time  of  suing  out 
such  writ  of  error  or  appeal  the  other  party  to  the 
suit  shall  be  dead  and  have  no  proper  representa- 
tive within  the  jurisdiction  of  the  court  which  ren- 
dered such  final  judgment  or  decree,  so  that  the 
suit  can  not  be  revived  in  that  court,  but  shall  have 
a  proper  representative  in  some  State  or  TeiTitory 
of  the  United  States,  the  party  desiring  such  writ 
of  error  or  appeal  may  procure  the  same,  and  may 
have  proceedings  on  such  judgment  or  decree  super- 
seded or  stayed  in  the  same  manner  as  is  now  allowed 
by  law  in  other  cases,  and  shall  thereupon  proceed 
with  such  writ  of  error  or  appeal  as  in  other  cases. 
And  within  thirty  days  after  the  commencement  of 
the  term  to  which  such  wi'it  of  error  or  appeal  is  re- 
turnable, the  plaintiff  in  error  or  appellant  shall  make 
a  suggestion  to  the  court,  supported  by  affidavit,  that 
the  said  party  was  dead  when  the  writ  of  error  or 


RULES   SUPREME    COURT   UNITED   STATES.  25 

appeal  was  taken  or  sued  out,  and  had  no  proper  rep- 
resentative within  the  jurisdiction  of  the  coui't  which 
rendered  said  judgment  or  decree,  so  that  the  suit 
could  not  be  revived  in  that  coui-t,  and  that  said 
party  had  a  proper  representati\^e  in  some  State  or 
Territory  of  the  United  States,  and  stating  therein 
the  name  and  character  of  such  representative,  and 
the  State  or  Territory  in  which  such  representative 
resides;  and,  upon  such  suggestion,  he  may,  on  mo- 
tion, obtain  an  order  that,  unless  such  representative 
shall  make  himself  a  party  within  the  first  ten  days 
of  the  ensuing  term  of  thecoiu't,  the  plaintiff  in  error 
or  appellant  shall  be  entitled  to  open  the  record,  and, 
on  hearing,  have  the  judgment  or  decree  reversed,  if 
the  same  be  erroneous:  Provided,  however.  That  a 
proper  citation  reciting  the  substance  of  such  order 
shall  be  served  upon  such  representative,  either  per- 
sonally or  by  being  left  at  his  residence,  at  least  sixty 
days  before  the  beginning  of  the  term  of  the  Supreme 
Court  then  next  ensuing:  And  provided,  also.  That 
in  every  such  case  if  the  representative  of  the  de- 
ceased party  does  not  appear  by  the  tenth  day  of  the 
term  next  succeeding  said  suggestion,  and  the  meas- 
ures above  provided  to  compel  the  appearance  of  such 
representative  have  not  been  taken  within  time  as 
above  required,  by  the  opposite  party,  the  case  shall 
abate:  And  provided,  also.  That  the  said  represent- 
ative may  at  any  time  before  or  after  said  sugges- 
tion come  in  and  be  made  a  party  to  the  suit,  and 
thereupon  the  case  shall  proceed,  and  be  heard  and 
determined  as  in  other  cases. 


26  RULES   SUPREME   COURT  UNITED   STATES. 

16. 

NO  APPEARANCE    OF    PLAINTIFF    IN    ERROR    OR    APPEL- 
LANT. 

Where  no  counsel  appears  and  no  brief  has  been 
filed  for  the  plaintiff  in  error  or  appellant,  when  the  case 
is  called  for  trial,  the  defendant  in  error  or  appellee 
may  have  the  plaintiff  in  error  or  appellant  called  and 
the  wint  of  error  or  appeal  dismissed,  or  may  open  the 
record  and  pray  for  an  affirmance. 


NO  APPEARANCE   OF  DEFENDANT  IN  ERROR  OR  APPEL- 
LEE. 

Where  the  defendant  in  error  or  appellee  fails  to 
appear  when  the  case  is  called  for  trial,  the  court 
may  proceed  to  hear  an  argument  on  the  part  of  the 
plaintiff  in  error  or  appellant  and  to  give  judgment 
according  to  the  right  of  the  case. 


NO  APPEARANCE  OF  EITHER  PARTY. 

When  a  case  is  reached  in  the  regular  call  of  the 
docket,  and  there  is  no  appearance  for  either  party, 
the  case  shall  be  dismissed  at  the  cost  of  the  plaintiff 
in  error  or  appellant. 

19. 
NEITHER  PARTY  READY  AT  SECOND  TERM. 

When  a  case  is  called  for  argument  at  two  succes- 
sive terms,  and  upon  the  call  at  the  second  term 
neither  party  is  prepared  to  argue  it,  it  shall  be  dis- 


RULES  SUPREME   COURT   UNITED   STATES.  27 

missed  at  the  cost  of  the  plaintiff  in  error  or  appellant, 
unless  sufficient  cause  is  shown  for  further  post- 
ponement. 

20. 

PRINTED    ARGUMENTS. 

1.  In  all  cases  brought  here  on  wTit  of  error,  ap- 
peal, or  otherwise,  the  court  will  receive  printed  ar- 
guments without  regard  to  the  number  of  the  case  on 
the  docket,  if  the  counsel  on  both  sides  shall  choose  to 
submit  the  same  within  the  first  ninety  days  of  the 
term;  and,  in  addition,  appeals  from  the  Court  of 
Claims  may  be  submitted  by  both  parties  within 
thirty  days  after  they  are  docketed,  but  not  after  the 
first  day  of  April;  but  thirty  copies  of  the  argu- 
ments, signed  by  attorneys  or  counsellors  of  this 
court,  must  be  first  filed. 

2.  When  a  case  is  reached  in  the  regular  call  of  the 
docket,  and  a  printed  argument  shall  be  filed  for  one 
or  both  parties,  the  case  shall  stand  on  the  same  foot- 
ing as  if  there  were  an  appearance  by  counsel. 

3.  When  a  case  is  taken  up  for  trial  upon  the  reg- 
ular call  of  the  docket,  and  argued  orally  in  behalf  of 
only  one  of  the  parties,  no  printed  argument  for  the 
opposite  party  will  be  received,  unless  it  is  filed  be- 
fore the  oral  argument  begins,  and  the  court  will  pro- 
ceed to  consider  and  decide  the  case  upon  the  ex 
parte  argument. 

4.  No  brief  or  argument  will  be  received,  either 
through  the  clerk  or  otherwise,  after  a  case  has  been 
argued  or  submitted,  except  upon  leave  granted  in 
open  court  after  notice  to  opposing  counsel. 


28  RULES   SUPREME   COURT   UNITED   STATES. 


21. 

BRIEFS. 


1.  The  counsel  for  plaintiff  in  error  or  appellant 
shall  file  with  the  clerk  of  the  court,  at  least  three 
weeks  before  the  case  is  called  for  argument,  thbty 
copies  of  a  printed  brief,  one  of  which  shall,  on  ap- 
plication, be  furnished  to  each  of  the  counsel  engaged 
upon  the  opposite  side. 

2.  This  brief  shall  contain,  in  the  ordei  here 
stated — 

(1)  A  concise  abstract,  or  statement  of  the  case, 
presenting  succinctly  the  questions  involved  and  the 
manner  in  which  they  are  raised. 

(2)  A  specification  of  the  errors  relied  upon, 
which,  in  cases  brought  up  by  writ  of  error,  shall  set 
out  separately  and  particularly  each  error  asserted 
and  intended  to  be  urged;  and  in  cases  brought  up 
by  appeal  the  specification  shall  state,  as  particu- 
larly as  may  be,  in  what  the  decree  is  alleged  to  be 
erroneous.  When  the  error  alleged  is  to  the  admis- 
sion or  to  the  rejection  of  evidence,  the  specification 
shall  quote  the  full  substance  of  the  evidence 
admitted  or  rejected.  When  the  en'or  alleged  is 
to  the  charge  of  the  court,  the  specification  shall  set 
out  the  part  referred  to  totidem  verbis,  whether  it  be 
instructions  given  or  instructions  refused.  When 
the  error  alleged  is  to  a  ruling  upon  the  report  of  a 
master,  the  specification  shall  state  the  exception  to 
the  report  and  the  action  of  the  court  upon  it. 

(3)  A  brief  of  the  argument,  exhibiting  a  clear 
statement  of  the  points  of  law  or  fact  to  be  dis- 
cussed, with  a  reference  to  the  pages  of  the  record 


RULES   SUPREME   COURT   UNITED   STATES.  29 

and  the  authorities  relied  upon  in  support  of  each 
point.  When  a  statute  of  a  State  is  cited,  so  much 
thereof  as  may  be  deemed  necessary  to  the  decision 
of  the  case  shall  be  printed  at  length. 

3.  The  counsel  for  a  defendant  in  error  or  an 
appellee  shall  file  with  the  clerk  thirty  printed  copies 
of  his  argument,  at  least  one  week  before  the  case  is 
called  for  hearing.  His  brief  shall  be  of  like  charac- 
ter with  that  required  of  the  plaintiff  in  error  or  ap- 
pellant, except  that  no  specification  of  errors  shall 
be  required,  and  no  statement  of  the  case,  unless 
that  presented  by  the  plaintiff  in  error  or  appellant 
is  controverted. 

4.  When  there  is  no  assignment  of  errors,  as 
required  by  section  997  of  the  Revised  Statutes, 
counsel  will  not  be  heard,  except  at  the  request  of 
the  court;  and  errors  not  specified  according  to  this 
rule  will  be  disregarded ;  but  the  court,  at  its  option, 
may  notice  a  plain  error  not  assigned  or  specified. 

5.  WTien,  according  to  this  rule,  a  plaintiff  in  error 
or  an  appellant  is  in  default,  the  case  may  be  dismissed 
on  motion;  and  when  a  defendant  in  error  or  an 
appellee  is  in  default,  he  will  not  be  heard,  except  on 
consent  of  his  adversary,  and  by  request  of  the  court. 

6.  When  no  oral  argument  is  made  for  one  of  the 
parties,  only  one  counsel  will  be  heard  for  the  adverse 
party. 

7.  No  brief  or  printed  argument,  required  by  the 
foregoing  sections,  shall  be  filed  by  the  clerk  unless 
the  same  shall  be  accompanied  by  satisfactory  proof 
of  service  upon  counsel  for  the  adverse  party. 

8.  Every  brief  of  more  than  twenty  pages  shall  con- 
tain on  its  front  fly  leaves  a  subject  index  with  page 


30  EULES  SUPREME   COURT  UNITED  STATES. 

references,  the  subject  index  to  be  supplemented  by  a 
list  of  all  cases  referred  to,  alphabetically  arranged, 
together  with  references  to  pages  where  the  cases 
are  cited. 

28. 

ORAL   ARGUMENTS. 

1.  The  plaintiff  in  error  or  appellant  in  this  court 
shall  be  entitled  to  open  and  conclude  the  argument 
of  the  case.  But  when  there  are  cross-appeals  they 
shall  be  argued  together  as  one  case,  and  the  plaintiff 
in  the  court  below  shall  be  entitled  to  open  and  con- 
clude the  argument. 

2.  Only  two  counsel  will  be  heard  for  each  party 
on  the  argument  of  a  case. 

3.  One  and  one-half  hours  on  each  side  will  be 
allowed  for  the  argument,  and  no  more,  without 
special  leave  of  the  court,  granted  before  the  argu- 
ment begins.  But  in  cases  certified  from  the  Circuit 
Courts  of  Appeals,  cases  involving  solely  the  juris- 
diction of  the  court  below,  and  cases  under  the  act 
of  March  2,  1907,  34  Stat.,  1246,  forty-five  minutes 
only  on  each  side  will  be  allowed  for  the  argument 
unless  the  time  be  extended.  The  time  thus  allowed 
may  be  apportioned  between  the  counsel  on  the  same 
side,  at  their  discretion;  provided,  always,  that  a 
fair  opening  of  the  case  shall  be  made  by  the  party 
having  the  opening  and  closing  arguments. 

33. 

INTEREST. 

1.  In  cases  where  a  writ  of  error  is  prosecuted  to 
this  court,  and  the  judgment  of  the  inferior  court  is 
affirmed,  the  interest  shall  be  calculated  and  levied, 
from  the  date  of  the  judgment  below  until  the  same 
is  paid,  at  the  same  rate  that  similar  judgments  bear 


RULES   SUPREME   COURT   UNITED   STATES.  31 

interest  in  the  courts  of  the  State  where  such  judg- 
ment is  rendered. 

2.  In  all  cases  where  a  writ  of  error  shall  delay 
the  proceedings  on  the  judgment  of  the  inferior 
court,  and  shall  appear  to  have  been  sued  out  merely 
for  delay,  damages  at  a  rate  not  exceeding  10  per 
cent.,  in  addition  to  interest,  shall  be  awarded  upon 
the  amount  of  the  judgment. 

3.  The  same  rule  shall  be  applied  to  decrees  for 
the  payment  of  money  in  cases  in  equity,  unless 
otherwise  ordered  by  this  court. 

4.  In  cases  in  admiralty,  damages  and  interest 
may  be  allowed  if  specially  directed  by  the  court. 


COSTS. 

1.  In  all  cases  where  any  suit  shall  be  dismissed  in 
this  court,  costs  shall  be  allowed  to  the  defendant 
in  error  or  appellee,  unless  otherwise  agreed  by  the 
parties,  except  where  the  dismissal  shall  be  for  want 
of  jurisdiction,  when  the  costs  incident  to  the  motion 
to  dismiss  shall  be  allowed. 

2.  In  all  cases  of  affirmance  of  any  judgment  or 
decree  in  this  court,  costs  shall  be  allowed  to  the 
defendant  in  error  or  appellee,  unless  otherwise 
ordered  by  the  court. 

3.  In  cases  of  reversal  of  any  judgment  or  decree 
in  this  court,  costs  shall  be  allowed  to  the  plaintiff  in 
error  or  appellant,  unless  otherwise  ordered  by  the 
court.  The  cost  of  the  transcript  of  the  record  from 
the  com't  below  shall  be  a  part  of  such  costs,  and  be 
taxable  in  that  com't  as  costs  in  the  case. 


32  EULES   SUPREME   COURT  UNITED   STATES. 

4.  Neither  of  the  foregoing  sections  shall  apply  to 
cases  where  the  United  States  are  a  party;  but  in 
such  cases  no  costs  shall  be  allowed  in  this  coui't  for 
or  against  the  United  States. 

5.  In  all  cases  of  the  dismissal  of  any  suit  in  this 
court,  it  shall  be  the  duty  of  the  clerk  to  issue  a  man- 
date, or  other  proper  process,  in  the  nature  of  a 
^procedendo,  to  the  court  below,  for  the  purpose  of 
informing  such  court  of  the  proceedings  in  this  court, 
so  that  further  proceedings  may  be  had  in  such  court 
as  to  law  and  justice  may  appertain. 

6.  When  costs  are  allowed  in  this  court,  it  shall  be 
the  duty  of  the  clerk  to  insert  the  amount  thereof  in 
the  body  of  the  mandate,  or  other  proper  process,  sent 
to  the  court  below,  and  annex  to  the  same  the  bill  of 
items  taxed  in  detail. 

7.  In  pursuance  of  the  act  of  March  3,  1883,  author- 
izing and  empowering  this  court  to  prepare  a  table 
of  fees  to  be  charged  by  the  clerk  of  this  court,  the 
following  table  is  adopted : 

For  docketing  a  case  and  filing  and  indorsing  the 
transcript  of  the  record,  five  dollars. 

For  entering  an  appearance,  twenty-five  cents. 

For  entering  a  continuance,  twenty-five  cents. 

For  filing  a  motion,  order,  or  other  paper,  twenty- 
five  cents. 

For  entering  any  rule,  or  for  making  or  copying  any 
record  or  other  paper,  twenty  cents  per  folio  of  each 
one  hundred  words. 

For  transferring  each  case  to  a  subsequent  docket 
and  indexing  the  same,  one  dollar. 


RULES   SUPREME   COURT  UNITED   STATES.  33 

For  entering  a  judgment  or  decree,  one  dollar. 

For  every  search  of  the  records  of  the  court,  one 
dollar. 

For  a  certificate  and  seal,  two  dollars. 

For  receiving,  keeping,  and  paying  money  in  pur- 
suance of  any  statute  or  order  of  court,  two  per  cent, 
on  the  amount  so  received,  kept,  and  paid. 

For  an  admission  to  the  bar  and  certificate  under 
seal,  ten  dollars. 

For  preparing  the  record  or  a  transcript  thereof 
for  the  printer,  indexing  the  same,  supervising  the 
printing,  and  distributing  the  printed  copies  to  the 
justices,  the  reporter,  the  law  library,  and  the  parties 
or  their  counsel,  fifteen  cents  per  folio;  but  when  the 
necessary  printed  copies  of  the  record,  as  printed 
for  the  use  of  the  lower  court,  shall  be  furnished,  the 
fee  for  supervising  shall  be  five  cents  per  folio. 

For  making  a  manuscript  copy  of  the  record,  when 
required  under  Rule  10,  twenty  cents  per  folio,  but 
nothing  in  addition  for  supervising  the  printing. 

For  issuing  a  writ  of  error  and  accompanying 
papers,  five  dollars. 

For  a  mandate  or  other  process,  five  dollars. 

For  filing  briefs,  five  dollars  for  each  party  appearing. 

For  every  printed  copy  of  any  opinion  of  the 
court  or  any  justice  thereof,  certified  under  seal, 
two  dollars. 

25. 

OPINIONS  OF  THE  COURT. 

1.  All  opinions  delivered  by  the  court  shall,  imme- 
diately upon  the  delivery  thereof,  be  handed  to  the 


84  KULES    SUPREME    COURT    UNITED   STATES. 

clerk  to  be  printed.  And  it  shall  be  the  duty  of  the 
clerk  to  cause  the  same  to  be  forthwith  printed, 
and  to  deliver  a  copy  to  the  reporter  as  soon  as  the 
same  shall  be  printed. 

2.  The  original  opinions  of  the  court  shall  be  filed 
with  the  clerk  of  this  court  for  preservation. 

3.  Opinions  printed  under  the  supervision  of  the 
justices  delivering  the  same  need  not  be  copied  by 
the  clerk  into  a  book  of  records;  but  at  the  end  of  each 
term  the  clerk  shall  cause  such  printed  opinions  to  be 
bound  in  a  substantial  manner  into  one  or  more  vol- 
umes, and  when  so  bound  they  shall  be  deemed  to 
have  been  recorded. 

26. 
CALL  AND  ORDER  OF  THE  DOCKET. 

1.  The  court,  on  the  second  day  in  each  term,  will 
commence  calling  the  cases  for  argument  in  the  order 
in  which  they  stand  on  the  docket,  and  proceed  from 
day  to  day  during  the  term  in  the  same  order  (except 
as  hereinafter  provided) ;  and  if  the  parties,  or  either 
of  them,  shall  be  ready  when  the  case  is  called,  the 
same  will  be  heard;  and  if  neither  party  shall  be  ready 
to  proceed  in  the  argument,  the  case  shall  be  con- 
tinued to  the  next  term  of  the  court  unless  some 
good  and  satisfactory  reason  to  the  contrary  shall  be 
shown  to  the  court. 

2.  Ten  cases  only  shall  be  considered  as  liable  to 
be  called  on  each  day  during  the  term.  But  on  the 
coming  in  of  the  court  on  each  day  the  entire  number 
of  such  ten  cases  will  be  called,  with  a  view  to  the 
disposition  of  such  of  them  as  are  not  to  be  argued. 


RULES   SUPREME    COURT   UNITED   STATES.  6b 

3.  Criminal  cases  may  be  advanced  by  leave  of  the 
court  on  motion  of  either  party. 

4.  Cases  once  adjudicated  by  this  court  upon  the 
merits,  and  again  brought  up  by  writ  of  error  or 
appeal,  may  be  advanced  by  leave  of  the  court  on 
motion  of  either  party. 

5.  Revenue  and  other  cases  in  which  the  United 
States  are  concerned,  which  also  involve  or  affect  some 
matter  of  general  public  interest,  or  which  may  be 
entitled  to  precedence  under  the  provisions  of  any 
act  of  Congress,  may  also  by  leave  of  the  court  be 
advanced  on  motion  of  the  Attorney-General. 

6.  All  motions  to  advance  cases  must  be  printed, 
and  must  contain  a  brief  statement  of  the  matter 
involved,  with  the  reasons  for  the  application. 

7.  No  other  case  will  be  taken  up  out  of  the  order 
on  the  docket,  or  be  set  down  for  any  particular  day, 
except  under  special  and  peculiar  circumstances  to  be 
shown  to  the  court. 

8.  Two  or  more  cases,  involving  the  same  question, 
may,  by  the  leave  of  the  court,  be  heard  together, 
but  they  must  be  argued  as  one  case. 

9.  If,  after  a  case  has  been  passed,  the  parties  shall 
desire  to  have  it  heard,  they  may  file  with  the  clerk 
their  joint  request  to  that  effect,  and  the  case  shall 
then  be  by  him  reinstated  for  call  ten  cases  after 
that  under  argument,  or  next  to  be  called  at  the  end 
of  the  day  the  request  is  filed.  If  the  parties  will  not 
unite  in  such  a  request,  either  may  move  to  take  up 
the  case,  and  it  shall  then  be  assigned  to  such  place 
upon  the  docket  as  the  court  may  direct. 


36  RULES   SUPREME   COURT  UNITED   STATES. 

10.  No  stipulation  to  pass  a  case  will  be  recognized 
as  binding  upon  the  court.  A  case  can  only  be  so 
passed  upon  application  made  and  leave  granted 
in  open  court. 

27. 

ADJOURNMENT. 

The  court  will,  at  every  term,  announce  on  what 
day  it  will  adjourn  at  least  ten  days  before  the 
time  which  shall  be  fixed  upon,  and  the  court  will 
take  up  no  case  for  argument,  nor  receive  any  case 
upon  printed  briefs,  within  three  days  next  before 
the  day  fixed  upon  for  adjournment. 

28. 

DISMISSING   CASES   IN   VACATION. 

Whenever  the  plaintiff  and  defendant  in  a  writ 
of  error  pending  in  this  court,  or  the  appellant 
and  appellee  in  an  appeal,  shall  in  vacation,  by 
their  attorneys  of  record,  sign  and  file  with  the  clerk 
an  agreement  in  writing  directing  the  case  to  be 
dismissed,  and  specifying  the  terms  on  which  it  is 
to  be  dismissed  as  to  costs,  and  shall  pay  to  the 
clerk  any  fees  that  may  be  due  to  him,  it  shall  be 
the  duty  of  the  clerk  to  enter  the  case  dismissed, 
and  to  give  to  either  party  requesting  it  a  copy  of 
the  agreement  filed;  but  no  mandate  or  other 
process  shall  issue  without  an  order  of  the  court. 

29. 

SUPERSEDEAS. 

Supersedeas  bonds  in  the  district  courts  and  Circuit 
Courts  of  Appeals   must  be  taken,  with  good  and 


RULES  SUPREME   COURT  UNITED   STATES.  37 

sufficient  security,  that  the  plaintiff  in  error  or 
appellant  shall  prosecute  his  writ  or  appeal  to  effect, 
and  answer  all  damages  and  costs  if  he  fail  to  make 
his  plea  good.  Such  indemnity,  where  the  judg- 
ment or  decree  is  for  the  recovery  of  money  not 
otherwise  secured,  must  be  for  the  whole  amount 
of  the  judgment  or  decree,  including  just  damages 
for  delay,  and  costs  and  interest  on  the  appeal ; 
but  in  all  suits  where  the  property  in  controversy 
necessarily  follows  the  event  of  the  suit,  as  in  real 
actions,  replevin,  and  in  suits  on  mortgages,  or  where 
the  property  is  in  the  custody  of  the  marshal  under 
admiralty  process,  as  in  case  of  capture  or  seizure, 
or  where  the  proceeds  thereof,  or  a  bond  for  the 
value  thereof,  is  in  the  custody  or  control  of  the 
court,  indemnity  in  all  such  cases  is  only  required 
in  an  amount  sufficient  to  secure  the  sum  recovered 
for  the  use  and  detention  of  the  property,  and  the 
costs  of  the  suit,  and  just  damages  for  delay,  and 
costs  and  interest  on  the  appeal. 

30. 
REHEARING. 

A  petition  for  rehearing  after  judgment  can  be 
presented  only  at  the  term  at  which  judgment  is 
entered,  unless  by  special  leave  granted  during  the 
term;  and  must  be  printed  and  briefly  and  dis- 
tinctly state  its  grounds,  and  be  supported  by 
certificate  of  counsel;  and  will  not  be  granted,  or 
permitted  to  be  argued,  unless  a  justice  who  con- 
curred in  the  judgment  desires  it,  and  a  majority 
of  the  coiu-t  so  determines. 


38  RULES   SUPREME   COURT  UNITED   STATES. 

31. 

FORM   OF   PRINTED   RECORDS   AND   BRIEFS. 

All  records,  arguments,  and  briefs,  printed  for  the 
use  of  the  court,  must  be  in  such  form  and  size  that 
they  can  be  conveniently  bound  together,  so  as  to 
make  an  ordinary  octavo  volume;  and,  as  well  as 
all  quotations  contained  therein,  and  the  covers 
thereof,  must  be  printed  in  clear  type  (never  smallel 
than  small  pica)  and  on  unglazed  paper. 

32. 

WRITS    OF   ERROR   AND  APPEALS    IN   CASES    INVOLVING 
JURISDICTION   OF   LOWER    COURT. 

Cases  brought  to  this  court  by  writ  of  error  or  ap- 
peal, where  the  only  question  in  issue  is  the  question 
of  the  jurisdiction  of  the  court  below,"will  be  advanced 
on  motion,  and  heard  under  the  rules  prescribed  l^y 
Rule  6,  in  regard  to  motions  to  dismiss  wi'its  of  error 
and  appeals. 

33. 

MODELS,  DIAGRAMS,  AND  EXHIBITS  OF  MATERIAL. 

1.  Models,  diagrams,  and  exhibits  of  material 
forming  part  of  the  evidence  taken  in  the  court  be- 
low, in  any  case  pending  in  this  court,  on  wi'it  of  error 
or  appeal,  shall  be  placed  in  the  custody  of  the  mar- 
shal of  this  court  at  least  one  month  before  the  case 
is  heard  or  submitted. 

2.  All  models,  diagrams,  and  exhibits  of  material, 
placed  in  the  custody  of  the  marshal  for  the  inspec- 
tion of  the  court  on  the  hearing  of  a  case,  must  be 
taken  away  by  the  parties  within  one  month  after 
the  case  is  decided.     When  this  is  not  done,  it  shall 


RULES  SUPREME   COURT  UNITED   STATES.  30 

be  the  duty  of  the  marshal  to  notify  the  counsel  in 
the  case,  by  mail  or  otherwise,  of  the  requirements 
of  this  rule;  and  if  the  articles  are  not  removed 
within  a  reasonable  time  after  the  notice  is  given,  he 
shall  destroy  them,  or  make  such  other  disposition 
of  them  as  to  him  may  seem  best. 

34. 

CUSTODY  OF  PRISONERS  ON  HABEAS  CORPUS. 

1 .  Pending  an  appeal  from  the  final  decision  of  any 
coiu't  or  judge  declining  to  grant  the  writ  of  habeas 
corpus,  the  custody  of  the  prisoner  shall  not  be 
distiu'bed. 

2.  Pending  an  appeal  from  the  final  decision  of  any 
court  or  judge  discharging  the  wi'it  after  it  has  been 
issued,  the  prisoner  shall  be  remanded  to  the  custody 
from  which  he  was  taken  by  the  writ,  or  shall,  for 
good  cause  shown,  be  detained  in  custody  of  the  court 
or  judge,  or  be  enlarged  upon  recognizance  as  here- 
inafter provided. 

3.  Pending  an  appeal  from  the  final  decision  of  any 
court  or  judge  discharging  the  prisoner,  he  shall  be 
enlarged  upon  recognizance,  with  surety,  for  appear- 
ance to  answer  the  judgment  of  the  appellate  court, 
except  where,  for  special  reasons,  sureties  ought  not 
to  be  required. 

35. 

ASSIGNMENT    OF    ERRORS. 

1.  Where  an  appeal  or  a  wTit  of  en-or  is  taken  from 
a  district  court  du-ect  to  this  court,  under  section 
238  of  the  act  entitled  ''An  act  to  codify,  revise, 
and   amend    the   laws  relating    to   the  judiciary/' 


40  EULES  SUPEEME   COUET  UNITED  STATES. 

approved  March  3,  1911,  chapter  231,  the  plain- 
tiff in  error  or  appellant  shall  file  with  the  clerk  of 
the  court  below,  with  his  petition  for  the  writ  of 
error  or  appeal,  an  assignment  of  errors,  which  shall 
set  out  separately  and  particularly  each  error  as- 
serted and  intended  to  be  urged.  No  writ  of  error  or 
appeal  shall  be  allowed  until  such  assignment  of  er- 
rors shall  have  been  filed.  When  the  error  alleged  is 
to  the  admission  or  to  the  rejection  of  evidence,  the 
assignment  of  errors  shall  quote  the  full  substance 
of  the  evidence  admitted  or  rejected.  When  the 
error  alleged  is  to  the  charge  of  the  court,  the  assign- 
ment of  errors  shall  set  out  the  part  referred  to  totidem 
verbis,  whether  it  be  in  instructions  given  or  in  in- 
structions refused.  Such  assignment  of  errors  shall 
form  part  of  the  transcript  of  the  record,  and  be 
printed  with  it.  WTien  this  is  not  done  counsel  will 
not  be  heard,  except  at  the  request  of  the  court; 
and  errors  not  assigned  according  to  this  rule  will 
be  disregarded,  but  the  court,  at  its  option,  may 
notice  a  plain  error  not  assigned. 

2.  The  plaintiff  in  error  or  appellant  shall  cause 
the  record  to  be  printed,  according  to  the  provisions 
of  sections  2,  3,  4,  5,  6,  and  9,  of  Rule  10. 

36. 

APPEALS  AND  WTIITS  OF  ERROR  FROM  DISTRICT  COURTS. 

1.  An  appeal  or  a  writ  of  error  from  a  district 
court  direct  to  this  court,  in  the  cases  provided  for 
in  §§  238  and  252  of  the  act  entitled,  ''An  act  to 
codify,  revise,  and  amend  the  laws  relating  to 
the  judiciary,"    approved  March  3,   1911,  chapter 


RULES   SUPREME   COURT   UNITED   STATES.  41 

231,  may  be  allowed,  in  term  time  or  in  vacation  by 
any  justice  of  this  court,  or  by  any  circuit  judge 
assigned  to  the  district  court,  or  by  any  district 
judge  within  his  district,  and  the  proper  security  be 
taken  and  the  citation  signed  by  him,  and  he  may 
also  grant  a  supersedeas  and  stay  of  execution  or  of 
proceedings,  pending  such  writ  of  error  or  appeal. 

2.  Where  such  writ  of  error  is  allowed  in  the  case 
of  a  conviction  of  an  infamous  crime,  or  in  any  other 
criminal  case  in  which  it  will  lie  under  section  238, 
the  district  court,  or  any  judge  thereof,  or  any  justice 
of  this  court,  or  any  circuit  judge  assigned  to  the 
district  court,  shall  have  power,  after  the  citation  is 
served,  to  admit  the  accused  to  bail  in  such  amount 
as  may  be  fixed. 

37. 

CASES  CERTIFIED  AND  PETITIONS  FOR  WTIITS  OF 
CERTIORARI. 

li  Where,  under  section  239  of  the  act  entitled 
"An  act  to  codify,  revise,  and  amend  the  laws  relat- 
ing to  the  judiciary,"  approved  March  3,  1911,  chap- 
ter 231,  a  Circuit  Court  of  Appeals  shall  certify  to  this 
court  a  question  or  proposition  of  law,  concerning 
which  it  desires  the  instruction  of  this  court  for  its 
proper  decision,  the  certificate  shall  contain  a  proper 
statement  of  the  facts  on  which  such  question  or 
proposition  of  law  arises. 

2.  If  application  is  thereupon  made  to  this  court 
that  the  whole  record  and  cause  may  be  sent  up  to  it 
for  its  consideration,  the  party  making  such  applica- 
tion shall,  as  a  part  thereof,  furnish  this  court  with  a 
certified  copy  of  the  whole  of  said  record. 


42  EULES   SUPEEME   COUET   UNITED   STATES. 

3.  Where  an  application  is  submitted  to  this 
court  for  a  writ  of  certiorari  to  review  a  decision 
of  a  Circuit  Court  of  Appeals  or  any  other  court,  it 
shall  be  necessary  for  the  petitioner  to  fui-nish  as 
an  exhibit  to  the  petition  a  certified  copy  of  the 
entii^e  transcript  of  record  of  the  case,  including 
the  proceedings  in  the  coui't  to  which  the  WTit  of 
certiorari  is  asked  to  be  directed.  The  petition 
shall  contain  only  a  summar}^  and  short  statement 
of  the  matter  involved  and  the  general  reasons 
relied  on  for  the  allowance  of  the  writ.  A  failure 
to  comply  with  this  provision  will  be  deemed  a 
sufficient  reason  for  denying  the  petition.  Thirty 
printed  copies  of  such  petition  and  of  any  brief 
deemed  necessary  shall  be  filed.  Notice  of  the 
date  of  submission  of  the  petition,  together  with  a 
copy  of  the  petition  and  brief,  if  any,  in  support 
of  the  same  shall  be  served  on  the  counsel  for  the 
respondent  at  least  two  weeks  before  such  date  in 
all  cases  except  where  the  counsel  to  be  notified 
resides  west  of  the  Rocky  Mountains,  in  which 
cases  the  time  shall  be  at  least  thi-ee  weeks.  The 
brief  for  the  respondent,  if  any,  shall  be  filed  at 
least  three  days  before  the  date  fixed  for  the  sub- 
mission of  the  petition.  Oral  argument  will  not 
be  permitted  on  such  petitions,  and  no  petition 
will  be  received  within  three  days  next  before  the 
day  fixed  upon  for  the  adjournment  of  the  court 
for  the  term. 

4.  An  application  for  a  writ  of  certiorari  will  be 
deemed  in  time  when  the  petition  therefor,  accom- 
panied by  the  printed  record  and  brief,  is  filed  within 


BULES  SUPREME  COURT  UNITED  STATES.       4. "3 

the  period  prescribed  by  law,  provided  this  is  fol- 
lowed by  submitting  the  petition  in  open  court  on 
some  motion  day  not  later  than  the  first  one  which 
follows  a  period  of  fom'  weeks  after  such  filing.  No- 
tice of  the  date  of  submission  and  copies  of  the 
petition  and  brief  must  be  served  as  required  by 
section  3  of  this  rule. 

38. 
INTEREST,    COSTS,    AND  FEES. 

The  provisions  of  Rules  23  and  24  of  this  court,  in 
regard  to  interest  and  costs  and  fees,  shall  apply  to 
writs  of  error  and  appeals  and  reviews  under  the 
provisions  of  sections  238,  239,  240,  and  241  of 
the  act  entitled  "  An  act  to  codify,  revise,  and 
amend  the  la^ys  relating  to  the  judiciary,"  approved 
March  3,  1911,  chapter  231. 

39. 

MANDATES. 

Mandates  shall  issue  as  of  course  after  the  expira- 
tion of  thirty  days  from  the  day  the  judgment  or 
decree  is  entered,  unless  the  time  is  enlarged  by  order 
of  the  court,  or  of  a  justice  thereof  when  the  court 
is  not  in  session,  but  during  the  term. 

40. 

PRACTICE  IN  CASES  FROM  CIRCUIT  COURTS  OF  APPEALS. 

The  provisions  of  these  rules  relating  to  the  prac- 
tice on  direct  WTits  of  error  to  and  appeals  from  the 
district  courts  shall  also  be  deemed  to  relate  to  and 
cover  the  practice  on  WTits  of  error  to  and  appeals 
from  the  Circuit  Com't  of  Appeals. 


RULES  IN  REFERENCE  TO  APPEALS  FROM  THE 
COURT  OF  CLAIMS. 

REGULATIONS  PRESCRIBED  BY  THE  SUPREME  COURT  OF  THE 
UNITED  STATES  UXDER  WHICH  APPEALS  MAY  BE  TAKEN 
FROM  THE  COURT  OF  CLAIMS  TO   SAID   SUPREME  COURT. 


In  all  cases  hereafter  decided  in  the  Court  of 
Claims  in  which,  by  the  act  of  Congress,  such 
appeals  are  allowable,  thev  shall  be  heard  in  the 
Supreme  Court  upon  the  following  record,  and 
none  other: 

1.  A  transcript  of  the  pleadings  in  the  case,  of 
the  final  judgment  or  decree  of  the  court,  and  of 
such  interlocutory  orders,  rulings,  judgments,  and 
decrees  as  may  be  necessary  to  a  proper  review  of 
the  case. 

2.  A  finding  by  the  Court  of  Claims  of  the  facts 
in  the  case  established  by  the  evidence  in  the  na- 
ture of  a  special  verdict,  but  not  the  evidence 
establishing  them;  and  a  separate  statement  of 
the  conclusions  of  law  upon  said  facts,  upon  which 
the  court  founds  its  judgment  or  decree.  The 
finding  of  facts  and  conclusions  of  law  to  be  cer- 
tified to  this  court  as  a  part  of  the  record. 

45 


46  RULES    SUPREME    COURT    UNITED    STATES. 

OCTOBER  TERM,    1882. 

Ordered,  That  Rule  1,  in  reference  to  appeals 
from  the  Court  of  Claims,  be,  and  the  same  is 
hereby,  made  applicable  to  appeals  in  all  cases 
h-eretofore  or  hereafter  decided  by  that  court  un- 
der the  jurisdiction  conferred  by  the  act  of  June 
16,  1880,  c.  243,  ''  to  provide  for  the  settlement  of 
all  outstanding  claims  against  the  District  of 
Columbia,  and  conferring  jurisdiction  on  the 
Court  of  Claims  to  hear  the  same,  and  for  other 
purposes." 


In  all  cases  in  which  judgments  or  decrees  have 
heretofore  been  rendered,  where  either  party  is 
by  law  entitled  to  an  appeal,  the  party  desiring 
it  shall  make  application  to  the  Court  of  Claims 
by  petition  for  the  allowance  of  such  appeal.  Said 
petition  shall  contain  a  distinct  specification  of 
the  errors  alleged  to  have  been  committed  by  said 
court  in  its  rulings,  judgment,  or  decree  in  the 
case.  The  court  shall,  if  the  specification  of  the 
alleged  error  be  correctly  and  accurately  stated, 
certify  the  same,  or  may  certify  such  alternations 
and  modifications  of  the  points  decided  and  alleged 
for  error  as,  in  the  judgment  of  said  court,  shall 
distinctly,  fully,  and  fairly  present  the  points  de- 
cided by  the  court.  This,  with  the  transcript  men- 
tioned in  Rule  1  (except  the  statement  of  facts 
and  law  therein  mentioned),  shall  constitute  the 


RULES    SUPREME    COURT    UNITED    STATES.  47 

record  on  which  those  cases  shall  be  heard  in  the 
Supreme  Court. 


In  all  cases  an  order  of  allowance  of  appeal  by 
the  Court  of  Claims,  or  the  chief  justice  thereof 
in  vacation,  is  essential,  and  the  limitation  of  time 
for  granting  such  appeal  shall  cease  to  run  from 
the  time  an  application  is  made  for  the  allowance 
of  appeal. 

Rule   4. 

In  all  cases  in  which  either  party  is  entitled  to 
appeal  to  the  Supreme  Court,  the  Court  of  Claims 
shall  make  and  file  their  finding  of  facts,  and  their 
conclusions  of  law  therein,  in  open  court,  before  or 
at  the  time  they  enter  their  judgment  in  the  case. 


In  every  such  case  each  party  at  such  time 
before  trial  and  in  such  form  as  the  court  may 
prescribe,  shall  submit  to  it  a  request  to  find  all 
the  facts  which  the  party  considers  proven  and 
deems  material  to  the  due  presentation  of  the  case 
in  the  finding  of  facts. 


RULES  OF  PRACTICE 

FOR  THE  COURTS  OF  EQUITY 

OF  THE  UNITED  STATES 


PROMULGATED  BY  THE 

SUPKEME  COURT  OF  THE  UNITED  STATES 

NOVEMBER  4,  1912 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1918 


INDEX  TO  EQUITY  RULES. 


Abatement,  defenses  formerly  presentable  by,  to  be  made  in  Rule.  Page. 

answer 29  36 

Absence  of  persons  who  would  be  proper  parties 39  41 

Account: 

Matters  of,  reference  to  master 59  53 

To  be  identified  but  not  stated  in  master's  report Gl  54 

Forms  of,  before  master G3  55 

Action : 

At  law,  erroneously  begun  as  suit  in  equity,  transfer 22  32 

Joinder  of,  causes  of 26  34 

To  be  presented  in  name  of  real  party  in  interest 37  40 

Additional  niles,  by  district  court 79  65 

Administrator  as  party 37  40 

Admissibility  of  evidence  offered  to  be  passed  on  by  court 46  44 

Admission  of  execution,  etc.,  of  documents,  etc 58  52 

Advancement  of  causes,  notice  of  interlocutory  orders,  etc 6  26 

Affida-v-it: 

Plaintiff's,  of  noncompliance  with  decree,  attachment  to 

issue 8  27 

To  be  made  of  service  of  process  by  person  appointed 

therefor 15  30 

Of  expert  witnesses  in  patent  and  trade-mark  cases,  pro- 
visions as  to 48  45 

Required  on  application  for  continuance 57  50 

To  be  identified  but  not  stated  in  master's  report 61  54 

Previously  used  in  court,  etc.,  may  be  used  before  master.  64  56 

On  application  for  preliminary  injunction 73  60 

Afiirmation  in  lieu  of  oath 78  64 

Agreed  statement,  record  on  appeal 77  64 

Alternative  defenses  may  be  stated  in  answer 30  37 

Amended  bill,  answer  to 32  38 

Amendments: 

Generally 19  31 

Permitted  of  any  process,  pleading,  record,  etc 19  31 

Of  bill— 

As  of  course 28  35 

Not  after  defendant's  pleading  filed,  except,  etc 28  36 

On  suggestion  of  defect  of  parties 43  43 

Of  pleadings  on  substitution  of  parties 45  44 

3 


4  INDEX   TO   EQtnXY   RULES. 

Answer:  Rule.  Page. 

Subpoena,  proper  process  to  compel 7  26 

Time  for 12  29 

To  be  filed  within  time  named  in  subpcena 16  30 

Enlarging  time  for  filing 17  31 

When  to  be  filed,  on  motion  set  aside  decree  pro  confesso. .  17  31 
Exceptions  to,  for  scandal  and  impertinence,  shall  not 

obtain 21  32 

Defenses  to  be  presented  in 29  3G 

To  be  filed  if  motion  to  dismiss  denied 29  36 

If  not  filed ,  decree  pro  confesso  entered 29  36 

Defenses  formerly  presentable  by  plea  in  bar  or  abate- 
ment, to  be  made  in 29  36 

What  to  contain 30  37 

Amendment  of,  by  leave,  on  reasonable  notice 30  37 

To  omit  statement  of  evidence 30  37 

To  avoid  general  denial  of  averments  of  Inll 30  37 

To  specifically  admit,  or  deny,  or  explain  facts  upon 

which  plaintiff  relies 30  37 

Contents,  counterclaim 30  37 

To  state  counterclaims 30  37 

May  state  defenses  in  alternative 30  37 

Cause  at  issue  on  filing  of,  unless,  etc 31  38 

To  amended  bill 32  38 

New  or  supplemental,  to  be  filed  to  amended  bill 32  38 

Exceptions  for  insufficiency  of,  abolished 33  39 

If  insufficient  may  be  amended  or  matter  stricken  out. . .  33  39 

When  defect  of  parties  suggested,  proceedings  on 43  43 

May  be  stricken  out  for  failure  to  answer  interrogations  or 

produce  documents 58  53 

To  be  identified  but  not  stated  in  master's  report 61  54 

Appeal: 

Injunction  pending 74  61 

Record  on — - 

Differences  as  to 75  63 

Reduction  and  preparation 75  61 

Costa — correction  of  omissions .     76  63 

Agreed  statement 77  64 

Appearance: 

Filed  with  clerk  to  be  noted  in  equity  docket 3  24 

Subpoena  proper  process  to  compel 7  26 

Appellant: 

To  notify  opposing  party  or  solicitors,  etc 75  61 

To  file  praecipe  indicating  portion  of  record  on  appeal 75  61 

To  condense  evidence,  etc 75  62 

Appellate  court: 

Not  to  reverse  decree  unless 46  44 

May  direct  further  steps  as  j  ustice  may  require 46  45 


INDEX   TO   EQUITY   RULES.  5 

Appellee  to  file  praecipe  indicating  additional  portions  of  rec-  Rule.  Page. 

ord  on  appeal 75  61 

Appointment  and  fees  of  stenographers 50  46 

Appointment  and  compensation  of  masters 68  57 

Assistance,  writ  of: 

\STien  to  issue 7  26 

On  refusal  to  obey  decree  for  delivery  of  possession 9  28 

Attachment: 

Provisions  as  to 7  26 

For  noncompliance  with  decree 8  27 

Not  to  be  discharged  unless  upon  full  compliance  with 

decree,  etc 8  27 

May  issue  for  failure  to  answer  interrogatories  or  produce 

documents 58  52 

Attendance  of  witnesses  before  commissioner,  master,  or  ex- 
aminer   52  48 

Averments  of  bill,  if  not  denied,  deemed  confessed,  except,  etc  30  37 
Bill: 

Subpoena  proper  mesne  process  to  compel  appearance 

and  answer  to 7  26 

WTien  filed,  clerk  to  issue  subpoena 12  29 

May  be  taken  pro  confesso  if  answer  not  filed,  etc 12  29 

Exceptions  to,  for  scandal  and  impertinence,  shall  not 

obtain 21  32 

To  be  signed  by  solicitors 24  33 

Of  complaint,  contents 25  33 

Stockholder's 27  35 

Stockholder's,  what  to  contain 27  35 

Amendment  of,  as  of  course 28  35 

Amended,  answer  to 32  38 

Supplemental,  what  necessary  in 35  39 

Of  revivor  and  supplemental  bills,  what  necessary  in 35  39 

May  l)e  dismissed  for  failure  to  answer  interrogatories  or 

produce  documents 58  52 

Verification  of,   on  application  for  preliminarj-^  injunc- 
tion, etc 73  60 

Bond  on  order  suspending,  etc.,  injunction  pending  appeal. .  74  61 
Books: 

Clerk  to  keep  equity  docket,  order  book,  equity  journal.  3  24 

Papers,  etc.,  production  of,  required  by  master 62  55 

Calendar,  trial,  case  goes  on,  when 56  50 

Cause,  speeding,  provision  as  to,  on  motion  set  aside  decree 

pro  confesso 17  30 

Causes: 

Advancement,  conduct,  and  hearing  of,  notice  of  inter- 
locutory orders  for 6  26 

Of  action,  joinder  of 26  34 

Frivolous,  imposition  of  costs  on  exceptions  to  master's 

report 67  57 


6 


INDEX   TO   EQUITY   KULES. 


Rule.  Page. 

Certificate,  signature  of  solicitor  to  pleading  to  be  considered . .  24  33 
Chambers,  awarding  process,  commissions,  orders,  rules,  etc., 

by  judge  at 1  23 

Charge  to  be  identified  but  not  stated  in  master's  report 61  54 

Circuit  court  of  appeals,  if  appeal  lies  to,  rehearing  not  granted 

afterterm 69  58 

Circuit  judge  may  dispense  with  motion  day  if  public  interest 

permits 6  25 

Citizenship,  name,  and  residence  of  each  party  to  be  stated  in 

bill 25  33 

Claim,  further  and  better  statement  of  nature  of,  may  be 

ordered 20  32 

Claimants  before  master,  examinable  byhim 65  56 

Class,  representatives  of,  may  sue  or  defend 38  41 

Clerical  mistakes  in  orders  and  decrees,  correction  of 72  59 

Clerk: 

Duties  of 2  23 

To  keep — 

Equity  docket 3  24 

Orderbook 3  24 

Equity  journal 3  24 

Motions  grantable  of  course  by 5  25 

To  grant  as  of  course,  motions  and  applications  not  re- 
quiring order  of  court  or  judge 5  25 

To  issue  writ  of  assistance  on  refusal  to  obey  decree  for 

delivery  of  possession 9  28 

To  issue  subpoena  when  bill  filed,  and  not  before 12  29 

Of  court,  verification  of  pleadings  before 36  40 

To  send  copies  of  interrogatories  to  solicitors  of  record 58  52 

Office  of— 

Awarding  of  process,  commissions,  orders,  rules,  etc., 

by  judge  at 1  23 

When  open 2  23 

Master  to  return  report  into 66  56 

Temporary  restraining  orders  to  be  filed  in 73  61 

Statement  as  to  appeal  to  be  filed  in 75  63 

Commissioner,  attendance  of  witnesses  before 52  48 

Commissions,  award  of,  by  judge  at  chambers,  etc 1  23 

Compensation  and  appointment  of  masters 68  57 

Compensation  of  master  to  be  fixed  by  court 68  57 

Competency,  etc.,  of  questions  asked  before  examiner  not  to 

be  decided  by  him 51  47 

Computation  of  time — Sundays  and  holidays 80  65 

Conduct  of  causes,  notice  of  interlocutory  orders  for 6  26 

Contempt  for  noncompliance  with  mandatory  order,  etc 8  27 

Continuances,  provisions  as  to 57  50 

Copy  of  praecipe: 

Indicating  portions  of  record  on  appeal 75  62 

Service  of,  indicating,  etc 75  61 


INDEX    TO    EQUITY    RULES. 


Rule.  Page. 

Corporate  officer  to  sign  interrogatories  under  oath 58  52 

Corporation : 

When  interrogatories  to  be  answered  by  officer  of 58  52 

Stockholder's  bill  against 27  35 

Correction : 

Clerical  mistakes  in  orders  and  decrees 72  59 

Omissions  in  transcript  on  appeal 76  "63 

Costs: 

Payment  of,  and  full  compliance  with  decree  before  a 

discharge  of  attachment 8  27 

Of  plaintiff  to  be  paid  before  court  will  set  aside  decree  pro 

confesso,  etc 17  31 

Terms  as  to,  when  further  and  particular  statement  in 

pleading  required 20  32 

To  nominal  parties 40  42 

Stenographer's  fees  to  be  taxed  as 50  47 

Of  incompetent,  etc.,  depositions  to  be  dealt  with  by  court  51  47 

On  continuances,  pro\ision8  as  to 57  50 

On  proving  execution  or  genuineness  of  document,  etc. .  58  53 

On  reference  to  master 59  53 

On  exception  to  master's  report 67  57 

May  be  imposed  upon  offending  solicitors 76  63 

Impositionof,  for  infraction  of  rule  as  to  record  on  appeal. .  76  63 

Counsel : 

Signature  of 24  33 

To  give  notice  of  taking  testimony  before  examiner,  etc. .  53  49 

Consent  of,  to  continuances,  provisions  as  to 57  50 

To  sign  petition  for  rehearing 69  58 

Counterclaim : 

To  be  stated  in  answer 30  37 

To  be  replied  to 31  38 

In  default  of  reply  to,  decree  pro  confesso  entered 31  38 

Court: 

On  motion  or  own  initiative,  may  order  redundant,  imper- 
tinent, or  scandalous  matter  stricken  out 21  32 

Testimony  usually  to  be  taken  in,  at  trial 46  44 

To  deal  with  cost  of  incompetent,  etc.,  depositions 51  47 

Contempt  of,  by  witness  refusing  to  appear  before  com- 
missioner, master,  or  examiner 52  48 

May  appoint  standing  masters  in  chancery 68  57 

Provisions  as  to  approval  by,  of  appellant's  statement, 

etc.,  on  appeal 75  62 

District,  additional  rules  by 79  65  - 

Creditor  making  claim  before  master  examinable  by  him 65  56 

Crossbill — counterclaim  to  be  stated  in  answer,  and  not  by. .  30  37 

Cross-examination  of  expert  witnesses  in  patent  and  trade- 
mark cases 48  46 

Cross-examination  of  witness  where  no  notice  of  deposition 

given 54  49 


8 


INDEX  TO  EQUITY  RULES. 


Damage.  Rule.  Page. 

Averments  in  bill  aa  to 30  37 

To  be  shown  on  application  for  preliminary  injunction. . .  73  60 

Death  of  party,  revivor 45  44 

Decrees  of  court  to  be  entered  in  equity  journal 3  24 

Decrees: 

Process  to  issue  to  compel  obedience  to 7  26 

Compelling  obedience  to,  writ  of  sequestration 8  27 

Discharge  of  attachment  upon  compliance  with 8  27 

For  specific  performance,  provision  as  to 8  27 

For  performance  of  specific  act,  attachment  when 8  27 

Solely  for  payment  of  money,  writ  of  execution  on 8  26 

Final,  enforcement  of 8  26 

For  delivery  of  possession,  writ  of  assistance  on  refusal  to 

obey 9  28 

For  deficiency  in  foreclosures,  etc 10  28 

Pro  confesso — 

On  default  in  answer 16  30 

When  may  be  set  aside 17  31 

To  be  followed  by  final  decree 17  31 

Final,  following  decree  pro  confesso 17  31 

Pro  confesso — 

Entered,  if  answer  not  filed,  etc 29  36 

In  default  of  reply  to  counterclaim 31  38 

Not  to  be  reversed  unless  material  prejudice  would  result . .  46  44 

Form  of 71  59 

Shall  not  recite  pleadings 71  59 

Correction  of  clerical  mistakes  in 72  59 

Final,  appeals  from  in  injunction  suits 74  61 

To  be  sent  up  with  agreed  statement  on  appeal 77  64 

Deeds,  etc.,  decree  for  delivering  up,  attachment  in 8  27 

Default: 

To  answer,  bill  taken  pTo  confesso 16  30 

Of  reply  to  counterclaim,  decree  pro  confesso 31  38 

In  answer  to  amended  bill,  proceedings  on 32  39 

Defect: 

Court  to  disregard  in  proceeding  not  affecting  substantial 

rights 19  31 

Of  parties — 

Resisting  objection 43  43 

Tardy  objection  to 44  43 

Defendant: 

Subpoena  proper  process  to  compel  appearance  and  answer 

of 7  26 

If  not  found,  writ  of  sequestration  proper  process  to  issue, 

etc 7  26 

To  take  notice  of   certain  decrees 8  27 

Required  to  file  answer  on  or  before  twentieth  day  after 

service  of  subpoena 12  29 


IXDEX    TO    EQUITY    RITT.ES.  V 

Defendant— Continued.  Rule.  Page. 

Serv-ice  of  subpoena  to  be  upon 13  29 

To  answer  within  time  named  in  subpoena 16  30 

Person  refusing  to  join  aa  plaintiff  or  defendant  may  be 

made  defendant 37  41 

Time  ^vithin  which  to  take  deposition  for 47  45 

Defense: 

Further  and  better  statement  of  nature  of,  may  be  ordered .  20  32 

How  presented 29  36 

What  to  be  heard  separately  and  disposed  of  before  trial, 

etc 29  36 

Testing  sufficiency  of 33  39 

Deficiency  in  foreclosures,  etc.,  decree  for 10  28 

Delay: 

Signature  of  solicitor  to  pleadings  certificate  that  plead- 
ings not  interposed  for 24  33 

Master  to  certify  reason  for  any  to  court 60  54 

Imposition  of  costs  for,  on  exceptions  to  master's  report.  67  57 

Delivery  of  possession,  writ  of  assistance    to  enforce 7  20 

Demands,  joint  and  several 42  42 

Demurrers  abolished 29  36 

Depositions: 

To  be  taken  in  exceptional  instances 47  45 

Time  wdthin  which  to  be  taken 47  45 

Taken  before  examiners,  etc 49  46 

Expense  of  taking  to  be  advanced  by  party  calling  wdt- 

nesses 50  47 

Court  to  deal  with  costs  of  incompetent,  etc 51  47 

Under  R.  S.  863,  865,  866,  867— cross-examination 54  49 

Deemed  published  when  filed 55  49 

On  expiration  of  time  for,  case  goes  on  trial  calendar. ...  56  50 

To  be  identified  but  not  set  forth  in  master's  report 61  54 

May  be  taken  by  master 62  55 

Etc.,  former,  may  be  used  before  master 64  56 

Pre\^ou8ly  used  in  court  may  be  used  before  master. ...  64  56 
Differences  concerning  directions  as  to  contents  of  record  on 

appeal,  pro\-isions  as  to 75  63 

Disability  of  any  party  to  be  stated  in  l)ill 25  33 

Discover^',  interrogatories  for,  when  to  be  filed 58  52 

Dismiss,  motion  to,  setting  down  for  hearing 29  36 

Dismissal  of  causes  continued,  if  not  reinstated 57  51 

District  courts: 

Always  open  for  certain  purposes 1  23 

To  establish  times  and  places  when  motions  may  be  made 

and  disposed  of 6  25 

Additional  rules  by 79  G5 

District  judge  may  make,  direct,  and  award  process,  commis- 

edons,  orders,  rules,  etc 1  23 


10  INDEX   TO   EQUITY    RTILES. 

Documente:  Rule.  Page. 

Inspection  and  production  of 58  52 

Court  may  enforce  inspection  and  production  of 58  52 

Interrogatories  for  discovery  of,  when  to  be  filed 58  52 

Execution  or  genuineness  of,  call  for  admission  of 58  53 

Identified  but  not  set  forth  in  master's  report 61  54 

Production  of,  required  by  master 62  55 

Previously  used  in  court  may  be  used  before  master 64  56 

Dwelling  house,  service  of  subpoena  by  leaving  copy  at 13  29 

Eqiiity  docket: 

Clerk  to  keep 3  24 

Index  of 3  24 

Noting  of  order  in,  not  notice 4  24 

Day  of  return  of  master's  report  to  be  entered  in 66  57 

Equity  journal: 

Clerk  to  keep 3  24 

Indexof 3  24 

Equity,  suit  in: 

Action  at  law  erroneously  begun  as — transfer 22  32 

Matters  ordinarily  determinable  at  law  when  arising  in, 

to  be  disposed  of  therein 23  33 

Error  or  defect  in  proceedings,  court  to  disregard  when  not 

affecting  substantial  rights 19  31 

Evidence: 

Mere  statement  of,  to  be  omitted  from  bill 25  34 

Admissibility  of ,  to  be  passed  on  by  court 46  44 

Offered  and  excluded ,  proceedings  on 46  44 

Affidavits  of  expert  witnesses  in  patent  and  trade-mark 

cases,  when  not  to  be  used  as 48  46 

Taken  before  examiners  to  be  returned  to  court 49  46 

Taken  before  examiners,  provisions  as  to 51  47 

Objections  to,  taken  before  examiner,  etc 51  47 

Court  or  judge  may  enforce  answers  to  interrogatories  and 

production  of  documents  containing 58  52 

Master  may  direct  mode  of  proving  matters  before  him 62  55 

Before  master  on  examination  to  be  taken  down 65  56 

How  to  be  stated  in  record 75  62 

Ex  parte,  cause  to  be  proceeded  with  after  decree  pro  confesso.  16  30 

Examination  to  be  identified  but  not  stated  in  master's  re  port.  61  54 

Examiners: 

Evidence  taken  before — 

To  be  returned  to  court 49  46 

Provisions  as  to 51  47 

Not  to  decide  on  competency,  materiality,  or  relevancy  of 

questions 51  47 

Attendance  of  witnesses  before 52  48 

Notice  of  taking  testimony  before,  etc 53  49 

Cross-examination  of  witness  before 54  49 


INDEX   TO    EQUITY    RIILES.  H 

Exceptions:  Rule.  Page. 

For  insufficiency  of  answer  abolished 33  39 

To  e\-idence  offered  and  excluded,  provisions  as  to 46  44 

To  master's  report 66  57 

Costa  on 67  57 

Execution: 

Writ  of,  proN-isions  as  to 8  26 

Admission  of,  of  documents,  etc 58  52 

Executor  as  party 37  40 

Expert  witnesses,  testimony  of,  in  patent  and  trade-mark 

cases 48  46 

Facts: 

Ultimate  statement  of,  upon  which  relief  asked,  to  be 

stated  in  bill 25  34 

Insufficiency  of ,  as  defense,  how  presented 29  36 

Material ,  may  be  alleged  in  supplemental  pleading 34  39 

Not  to  be  stated  in  master's  report 61  54 

Fees  of  stenographer 50  46 

File  number,  each  suit  and  all  papers,  process,  etc.,  to  be 

marked  with,  and  noted  on  equity  docket 3  24 

Filing  of  deposition  deemed  publication 55  49 

Final  hearing,  points  of  law  may  be  disposed  of  before 29  36 

Final  process: 

Issue  and  return  of 1  23 

To  be  served  by  marshal,  deputy,  etc 15  30 

Foreclosure  of  mortgages,  etc. ,  decree  for  balance  due 10  28 

Form  of  accounts  before  master 63  55 

Form  of  decree 71  59 

Former  depositions,  etc. ,  may  be  used  before  master 64  56 

Forms: 

Technical,  of  pleadings  abrogated 18  31 

Alternative — prayer  for  specific  relief  may  be  in 25  34 

Genuineness  of  documents,  admission  of,  etc 58  53 

Guardian : 

As  party 37  40 

May  sue  for  infants 70  59 

Ad  litem,  may  be  appointed  by  court  or  judge,  etc 70  58 

Hearing: 

On  merits — making  and  directing  interlocutory  motions, 

orders,  rules,  etc.,  preparatory  to 1  23 

Of  causes,  notice  of  interlocutory  orders  for 6  26 

Final,  points  of  law  may  be  disposed  of  before 29  36 

On  exceptions  to  report  of  master 66  57 

Heir  as  party  to  suits  to  execute  trusts  of  will 41  42 

Holidays: 

Legal,  Clerk's  office  not  open 2  23 

Computation  of  time 80  65 

Impertinence,  scandal,  exceptions  to  bills,  answers,  etc.,  for, 

shall  not  obtain 21  32 


12 


INDEX    TO    EQUITY   RIILES. 


Rule.  Page. 

Incompetents,  suits  by  or  against 70  58 

Indices  of  equity  docket,  order  book,  and  equity  journal,  clerk 

to  keep 3  24 

Infants: 

Nothing  to  be  taken  against  as  confessed 30  37 

Nominal  parties  in  suits  not  against 40  42 

May  sue  by  guardian  or  by  prochein  ami 70  59 

Guardians  ad  litem  may  be  appointed  to  defend  suits 

against 70  58 

Injunction : 

For  specific  performance,  provision  as  to 8  27 

Preliminary,  and  temporary  restraining  orders 73  60 

Pending  appeal 74  61 

Insufficiency  of  fact,  defense  of,  how  presented 29  36 

Interlocutory  motions,  orders,  rules,  etc.,  making  and  direct- 
ing   1  23 

Interrogatories : 

Written,  practice  as  to,  to  be  followed  in  case  of  refusal  of 

witness  before  master,  examiner,  etc 52  48 

Whentobefiled 58  52 

When  to  be  answered,  etc 58  52 

Court  may  enforce  answers  to 58  52 

To  be  answered  separately  and  fully,  in  writing,  under  oath 

and  signed 58  52 

Objections  to,  provisions  as  to 58  52 

Copies  to  be  sent  by  clerk  to  solicitors  of  record 58  52 

Examination  of  accounting  party  before  master  on 58  52 

Claimants  before  master  examinable  on 65  56 

Intervention,  when  allowed 37  41 

Issue: 

Of  subpoena 12  29 

Cause  at,  upon  filing  of  answer,  except,  etc 31  38 

Joinder  of  causes  of  action 26  34 

Joinder  of  parties,  provision  as  to 37  40 

Joint  and  several  demands 42  42 

Judge: 

District,  may  make,  direct,  and  award  process,  commis- 
sions, orders,  rules,  etc 1  23 

Inchambers,  orders  by,  to  be  entered  in  order  book 3  24 

May  su8j)end,  alter,  or  rescind  motion  granted  as  of  course 

byclerk 5  25 

Onnotice,  if  any,  may  make  interlocutory  orders,  etc 6  26 

Verification  of  pleadings  before 36  40 

Jurisdiction,  ground  on  which  depends  to  be  stated  in  bill 25  34 

Justice,  convenient  administration  of,  joinder  of  causes  of 

action  to  promote 26  35 

Land,  decree  for  conveyance  of,  attachment  in 8  27 


Law: 


INDEX    TO    EQUITY    RULES.  13 


Rule.     Page. 


Action  erroneously  begun  as  euit  in  equity — transfer 

Matters  ordinarily  determinable  at,  when  arising  in  suit  in 

equity,  to  be  disposed  of  therein 23  33 

Points  of,  may  be  disposed  of  before  final  hearing 29  36 

Letter,  call  for  admission  of  genuineness  of ,  etc 58  53 

Loss,  immediate  and  ifreparable,  to  be  shown  on  application 

for  temporary' restraining  order 73  GO 

Lunatic,  nothing  to  be  taken  against  as  confessed 30  37 

Marshal,  deputy,  etc.,  to  serve  all  process,  except 15  30 

Master: 

Attendance  of  witnesses  before 52  48 

Reference  to,  exceptional  not  usual 59  53 

Proceedings  before 60  54 

Duties  of 60  54 

May  proceed  ex  parte  when 60  54 

May  adjourn  examination,  etc.,  when 60  54 

To  proceed  with  reasonable  diligence 60  54 

Reports  of — documents  to  be  identified  but  not  set  forth.  61  54 

Powersof 62  55 

To  regulate  all  proceedings  before  him 62  55 

May  require  production  of  all  books,  papers,  etc 62  55 

Form  of  accounts  before 63  55 

Former  depositions,  etc.,  may  be  used  before 64  56 

Claimants  before,  examinable  by  him 65  56 

Appointment  and  compensation  of 68  57 

Entitled  to  attachment  for  his  compensation,  when 68  58 

Not  to  retain  report  as  security  for  compensation 68  58 

Pro  hac  vice,  in  particular  cases,  may  be  appointed  by 

court 68  57 

In  chancery,  standing,  may  be  appointed  by  the  court. .  68  57 

Master's  report: 

Return  of — exceptions — hearing 66  56 

Costs  on  exception  to 67  57 

Not  to  be  recited  in  decree  or  order 71  59 

Material  supplemental  matter  may  be  set  forth  in  amended 

pleadings 19  31 

Materiality  of  questions  not  to  be  decided  by  examiner 51  47 

Matter: 

Further  and  better  particulars  of,  in  any  pleading  may  be 

ordered 20  32 

New  or  affirmative,  in  answer,  deemed  denied  by  plaintiff.  31  38 

Matters  ordinarily  determinable  at  law,  when  arising  in  suit 

in  equity,  to  be  disposed  of  therein 23  33 

Merits,  hearing  on — making  and  directing  interlocutory  mo- 
tions, orders,  rules,  etc.,  preparatory  to 1  23 

Mesne  process: 

Issuing  and  returning 1  23 

Subpoena  shall  constitute  proper 7  26 

To  be  served  by  marshal,  deputy,  etc 15  30 


14  INDEX    TO   EQUITY   RULES. 

Rule.  Page. 

Misjoinder,  defense  of,  how  presented 29  36 

Mistakes,  clerical,  correction  of,  in  orders  and  decrees 72  59 

Money,  payment  of,  final  process  to  execute  decree  for 8  26 

Mortgages,  foreclosure  of,  decree  for  balance  due 10  28 

Motions: 

Interlocutory,  making  and  directing 1  23 

When  may  be  made 1  23 

Etc.,  grantable  of  course,  received  and  disposed  of  by 

clerk 2  23 

Grantable  of  course  by  clerk 5  25 

For  mesne  process  grantable  of  course  by  clerk 5  25 

And  applications  not  requiring  order  of  court  or  judge 

grantable  of  course  by  clerk 5  25 

Grantable  of  course  by  clerk  may  be  suspended,  etc.,  by 

judge 5  25 

Requiring  notice  and  hearing,  times  and  places  for 6  25 

To  enlarge  time  for  filing  answer 17  31 

Will  not  be  granted  unless  payment  of  costs,  etc 17  31 

To  strike  out,  to  test  sufficiency  of  answer 33  39 

Motion  day 6  25 

May  be  dispensed  with  by  senior  circuit  judge 6  2G 

Motion  to  dismiss,  defenses  to  be  presented  in 29  36 

Names  of  plaintiff  and  defendant  to  be  stated  in  bill 25  33 

Nominal  parties 40  42 

Non  est  inventus,  return  of,  issuance  of  writ  of  sequestration..  8  27 

Nonjoinder,  defense  of,  how  presented 29  36 

Notary  public,  verification  of  pleadings  before 36  40 

Notice: 

Reasonable,  to  parties,  of  process,  commissions,  orders, 

rules,  etc 1  23 

Oforders 4  25 

Order  without  prior,  to  be  mailed  by  clerk  to  party,  etc . .  4  25 

Of  interlocutory  orders,  etc 6  26 

Defendant  to  take,  of  certain  decrees 8  27 

Of  motion  to  dismiss 29  36 

Reasonable,  of  amendment  of  answer,  by  leave,  etc 30  37 

Reasonable,  of  filing  supplemental  pleading 34  39 

To  be  given  to  parties  to  be  substituted 45  44 

Reasonable,  of  motion  to  enforce  answers,  etc 58  52 

Of  taking  testimony  before  examiner,  etc 53  49 

To  parties  or  solicitors  of  proceedings  before  master 60  54 

No  preliminary  injunction  granted  without 73  60 

Oath: 

May  be  made  by  plaintiff  if  special  relief  asked 25  34 

Stockholder's  bUl  to  be  verified  by 27  35 

Interrogatories  to  be  signed  under 58  52 

Petition  for  rehearing  to  be  verified  by 69  58 

Affirmation  in  lieu  of 78  64 


INDEX   TO   EQUITY    RULES.  15 

Objections:  Rule.  Page. 

To  defect  of  parties 43  43 

Tardy,  to  defect  of  parties 44  43 

To  e^'idence  taken  before  examiner,  provisions  as  to 51  47 

To  be  noted  by  examiner,  etc 51  47 

Officers  before  -whom  pleadings  verified 36  40 

Old  niles  abrogated 81  65 

Omissions: 

In  orders  and  decrees  may  be  corrected  without  rehearing.  72  59 

Of  portions  of  record  on  appeal 75  62 

Correction  of,  in  record  on  appeal 76  63 

Orders: 

When  may  be  made 1  23 

Award  of,  by  judge  at  chambers,  etc 1  23 

Interlocutory,  making  and  directing 1  23 

Grantable  of  course,  received  and  disposed  of  by  clerk. . .  2  23 

Filed  with  clerk  to  be  noted  in  equity  docket 3  24 

Of  court  to  be  entered  in  equity  journal 3  24 

Made  or  passed  by  clerk,  or  judge  in  chambers,  to  be 

entered  in  order  book 3  24 

Made  without  notice,  to  be  mailed  by  clerk 4  25 

Noting  of,  in  equity  docket  or  entered  in  order  book,  not 

notice  to  parties 4  24 

Interlocutory,  notice  of 6  26 

Process  to  issue  to  compel  obedience  to 7  26 

Mandatory,  for  specific  performance,  provision  as  to 8  27 

For  delivery  of  possession,  writ  of  assistance  on  refusal  to 

obey 9  28 

In  favor  of  person  not  party,  how  enforced 11  28 

Against  person  not  party,  how  enforced 11  28 

That  bill  be  taken  pro  confesso  on  default 16  30 

Shall  not  recite  pleadings 71  59 

Correction  of  clerical  mistakes  in 72  59 

Temporary  restraining,  and  preliminary  injunctions 73  73 

Justice  or  judge  may  make  order  suspending,  etc.,  injunc- 
tion pending  appeal 74  61 

Order  book : 

Clerk  to  keep 3  24 

To  contain  all  orders  made  or  passed  by  judge  in  chambers 

or  by  clerk 3  24 

Index  of,  clerk  to  keep 3  24 

Entry  of  order  in,  not  notice 4  24 

Papers  and  orders  filed  with  clerk,  etc.,  to  be  noted  in  equity 

docket 3  24 

Papers,  production  of,  required  by  master C2  55 

Parties: 

Noting  or  entry  of  order  not  notice  to 4  24 

Persons  not  made 25  34 

Generally — intervention 37  40 

32406°— 18 5 


16  INDEX   TO   EQUITY   RULES. 

Parties — Continued.  Rule.  Page. 

Joinder  of 37  40 

Proper,  absence  of  persons  who  would  be 39  41 

Nominal,  appearance  of 40  42 

In  cases  of  joint  and  several  demands 42  42 

Defect  of.  resisting  objection 43  43 

Defect  of,  tardy  objection,  proceedings  on 44  43 

To  give  notice  of  taking  of  testimony  before  examiner,  etc .  53  49 
Clerk  to  send  copies  of  interrogatories  to,  if  there  be  no 

record  solicitor 58  52 

Notice  to,  of  proceedings  before  master 60  54 

Failing  to  appear  before  master 60  54 

May  be  examined  on  oath  by  master 62  55 

Accounting  before  master,  how  to  bring  in  accounts 63  55 

To  examine  accounting  party  viva  voce  or  upon  inter- 
rogatory    63  56 

Time  for  filing  exceptions  to  master's  report  by 66  57 

To  verify  petition  for  rehearing  by  oath 69  58 

To  be  given  notice  of  preliminary  injunctions,  etc 73  60 

Party: 

When  order  made  in  absence  of,  clerk  to  mail  copy 4  25 

Heir  as,  to  execute  trusts  of  will 41  42 

Death  of,  re\dvor 45  44 

Procuring  reference  to  master,  payment  of  costs  by 59  53 

Patent  cases,  testimony  of  expert  witnesses  in 48  46 

Persons  not  parties,  process  on  behalf  of  and  against 11  28 

Person  appointed  to  serve  process  to  make  affidavit  thereof...  15  30 

Persona  not  made  parties  to  bill 25  34 

Person,  non  compos,  nothing  to  be  taken  against  as  confessed.  30  37 
Persons : 

Joining  as  parties 37  40 

Who  would  be  proper  parties,  absence  of 39  41 

Person  making  claim  before  master  examinable  by  him 65  56 

Petition  for  rehearing 69  58 

Plaintiff: 

Entitled  to  subpoena  as  of  course  when  bill  filed 12  29 

Time  within  which  to  take  deposition  for 47  45 

Plea  in  bar,  defenses  formerly  presentable  by,  to  be  made  in 

answer 29  36 

Pleadings : 

Filing  of 1  23 

Technical  forms  abrogated 18  31 

Court  may  permit  any,  to  be  amended 19  31 

Further  and  particular  statement  in,  may  be  requiied. . .  20  32 
Further  and  better  particulars  of  matter  stated  in  any, 

may  be  ordered 20  32 

Alteration  in,  on  transfer  of  action  at  law  erroneously 

begun  as  suit  in  equity 22  32 

To  be  signed  by  solicitors 24  33 


INDEX    TO   EQUITY    Rn.ES.  17 

Pleadings — Continued  Rule.  rage. 

\Mien  bill  may  be  amended  as  of  conrse 28  36 

Demiurers  and  pleas  abolished 29  36 

Supplemental,  permitted  when 34  39 

Officers  before  whom  verified 36  40 

Filing,  or  amendment  of,  on  substitution  of  parties 45  44 

Pleas  abolished 29  36 

Possession,  delivery  of,  writ  of  assistance: 

To  enforce 7  26 

On  refusal  to  obey  decree  for 9  28 

Powers  of  master 62  55 

Practice,  additional  rules  for,  by  district  court 79  65 

Praecipe,  filing  indicating  portions  of  record  on  appeal 75  61 

Prayer  for  special  relief  to  be  stated  in  bill 25  34 

Precedence  given  to  hearing  in  cases  of  temporary  restraining 

orders 73  60 

Prejudice,  iinless  material,  vrill  result  appellate  court  not  to 

reverse  decree 46  45 

Preliminary  injunctions  and  temporary  restraining  orders 73  60 

Preparation  and  reduction  of  record  on  appeal 75  61 

Costs — corrections  of  omissions 76  63 

Pro  confesso: 

Taking  bills,  motion  for,  grantable  of  course  by  clerk ....  5  25 

Bill  may  be  taken  when  answer  not  filed,  etc 12  29 

Decree — 

On  defavdt  in  answer 16  30 

To  be  followed  by  final  decree 17  30 

Entered  if  answer  not  filed 29  36 

Proceedings  before  master: 

Speeding  of 60  54 

Powers  in 62  55 

Process: 

Mesne  and  final,  issuing  and  returning 1  23 

Award  of,  by  judge  at  chambers,  etc 1  23 

Issuing  and  return  of 1  23 

Issued  and  returns  thereon  to  be  noted  in  equity  docket. .  3  24 

For  taking  bills  pro  confesso  grantable  of  course  by  clerk..  5  25 
Mesne  or  final,  to  enforce  and  execute  decrees  grantable 

of  course  by  clerk 5  25 

Mesne  and  final,  defined 7  26 

In  behalf  of  and  against  persons  not  parties 11  28 

By  whom  served 15  30 

Mesne  and  final  to  be  served  by  marshal,  deputj',  etc 15  30 

May  be  served  by  person  appointed  therefor 15  30 

Court  may  permit  any  process  to  be  amended 19  31 

Additional  rules  as  to,  by  district  court 79  65 

Prochein  ami  may  sue  for  infants 70  59 

Production  of  books,  papers,  etc. ,  may  be  required  by  master. .  62  55 

Publication  of  deposition,  when  filed 55  49 


18  INDEX   TO   EQUITY   RULES. 

Questions,  competency,  materiality,  or  relevancy  of,  not  to  be  Rule.  Page. 

decided  by  examiner 51  47 

Record: 

Court  may  permit  any  record  to  be  amended 19  31 

How  evidence  to  be  stated  in 75  62 

Appellant'sstatement  as  to  record  on  appeal  to  become 

part  of 75  63 

On  appeal — 

Indicating  portions  of 75  61 

Additional  portions,  how  indicated 75  61 

Reduction  and  preparation 75  61 

Difference  as  to 75  63 

Reduction     and     preparation — costs — correction     of 

omissions 76  63 

Agreed  statement 77  64 

Reduction  and  preparation  of  record  on  appeal 75  61 

Costs — corrections  of  omissions 76  63 

Reference  to  master — Exceptional,  not  usual 59  53 

Rehearing: 

Petition  for,  provisions  as  to 69  58 

Correction  of  clerical  mistakes  in  orders  and  decrees  with- 
out   72  59 

Reinstatement  of  causes,  continued 57  50 

Relevancy  of  questions  not  to  be  decided  by  examiner,  etc  . .  51  47 
Relief: 

Special,  prayer  for,  to  be  stated  in  bill 25  34 

To  be  verified  by  oath  of  plaintiff,  etc 25  34 

Reply: 

When  required — when  cause  at  issue 31  38 

None  required  unless  answer  asserta  set-off  or  counter- 
claim    31  38 

Report: 

Master 's — 

To  court 60  54 

Documents  to  be  identified  but  not  set  forth 61  54 

Of  master — 

Exceptions,  hearing 66  56 

Costs  on  exceptions  to 67  57 

Not  to  be  recited  in  decree  or  order 71  59 

Representatives  of  class  may  sue  or  defend 38  41 

Residence  and  citizenship  of  each  party  to  l)e  stated  in  bill . .  25  33 

Restraining  orders,  temporary-,  and  preliminary'  injunctions. .  73  60 

Returns  on  process  to  be  entered  on  equity  docket 3  24 

Return : 

Of  subpoena  not  executed 14  29 

Of  master's  report — exceptions — hearing 66  56 

Revivor: 

Bills  of,  what  necessary  in 35  39 

On  death  of  party 45  44 


INDEX    TO   EQUITY    RULES. 


19 


Rights,  substantial,  court  to  disregard  error  or  defect  in  pro-  Rule.  rage. 

ceedings  which  does  not  affect 19  31 

Rules: 

When  they  may  be  awarded 1  23 

Interlocutor^',  making  and  directing 1  23 

Award  of  by  judge  at  chambers,  etc 1  23 

Grantable  of  course,  received  and  disposed  of  by  clerk  ...  2  23 

Additional,  by  district  court 79  65 

When  effective 81  65 

Old,  abrogated 81  65 

Sale,  amount  due  above  proceeds  of  decree  for 10  28 

Scandal  and  impertinence 21  32 

Scandalous  matter,  signature  of  solicitor,  certificate  that  none 

inserted  in  pleading 24  33 

Sequestration,  writ  of: 

Proper  process  if  defendant  not  found 7  26 

Against  estate  of  delinquent 8  27 

Person  other  than  disobedient  party  to  comply  with  man- 
datory order  for  specific  performance 8  27 

Service  of  subpoena  by  delivery  of  copy,  etc 13  29 

Set-off  to  be  stated  in  answer 30  37 

Set-off  to  be  replied  to 31  38 

Signatures,  pleadings  to  be  signed  by  solicitors  of  record 24  33 

Solicitors: 

Noting  or  entry  of  order  not  notice  to 4  24 

Of  record — 

To  sign  every  pleading 24  33 

To  be  furnished  copy  of  amended  bill 28  36 

Clerk  to  send  copies  of  interrogatories  to 58  52 

Notice  to,  of  proceedings  before  master 60  54 

Offending,  imposition  of  costs  on 76  63 

To  file  praecipe  indicating  portions  of  record  on  appeal. . .  75  61 
Specific  performance,  by  some  other  person  than  disobedient 

party 8  27 

Standing  masters  in  chancery,  courts  may  appoint 68  57 

Statement: 

Further  and  particular  in  pleading  may  be  required 20  32 

Agreed  as  to  record  on  appeal 77  64 

Stenographer — appointment — fees 50  46 

Stockholder's  bill 27  35 

Subpoena: 

Shall  constitute  proper  mesne  process,  etc 7  26 

Issue  of,  time  for  answer 12  29 

To  issue  when  bill  filed  and  not  before 12  29 

To  contain  names  of  parties 12  29 

When  returnable 12  29 

Memorandum  at  bottom  thereof 12  29 

Joint,  against  more  than  one  defendant 12  29 

Separately,  for  each  defendant  when  against  more  than  one .  12  29 


ZU  INDEX    TO    EQUITY    RULES. 

Subpoena — Continued.  Hale.  Page. 

Manner  of  serving 13  29 

Not  executed,  provision  aa  to 14  29 

Alias 14  29 

Substitution  of  proper  parties  by  revivor 45  44 

SuflBciency  of  defense,  how  tested 33  39 

Suits: 

Papers  filed,  process  issued,  etc.,  to  be  noted  on  equity 

docket 3  24 

To  execute  trusts  of  will — heir  aa  party 41  42 

By  or  against  incompetents 70  58 

Supplemental  pleading,  when  may  be  filed 34  39 

Supreme  Court,  if  appeal  lies  to,  rehearing  not  granted  after 

term 69  58 

Sundays: 

Clerk's  office  not  open 2  23 

And  holidays — computation  of  time 80  65 

Temporary  restraining  orders  and  preliminary  injunctions 73  60 

Term: 

Awarding  process,  commissions,  orders,  rules,  etc.,  by 

judge  at  chambers,  etc. ,  in 1  23 

Orders,  decrees,  etc.,  of  court  to  be  entered  in  equity 

journal 3  24 

Rehearing  not  granted  after,  if  appeal  lies 69  58 

Testimony: 

Usually  to  be  taken  in  open  court  at  trial 46  44 

Of  expert  witnesses  in  patent  and  trade-mark  cases 48  46 

May  be  taken  down  by  stenographer 50  47 

To  be  signed  by  witness 51  47 

Of  witnesses  before  examiner  to  be  read  to  him 51  47 

Contempt  of  court  for  refusal  of  witness  to  give  testimony 

before  commissioner,  examiner,  etc 52  48 

Notice  of  taking,  before  master  or  examiner 53  49 

No  further,  by  deposition  to  be  taken  after  case  goes  on 

trial  calendar,  except,  etc 56  50 

How  stated  in  record  on  appeal 75  62 

Testing  sufficiency  of  defense 33  39 

Time: 

Enlargement  of — 

For  full  compliance  with  decree 8  27 

To  file  answer 16  30 

On  expiration  of,  for  dei)ositions,  case  on  trial  calendar. . .  56  50 

Computation  of — Sundays  and  holidays 80  65 

Trade-mark  cases,  testimony  of  expert  witnesses  in 48  46 

Transcript: 

Cost  of,  to  be  advanced  by  party  ordering 50  47 

Of  evidence  before  examiner  not  to  include  argument. . .  51  47 
On  appeal — 

Indicating  portions  of 75  61 

Supplemental,  correction  of,  omissions  by 76 


64 


INDEX    TO    EQUITY    UUT.E8. 


21 


Rale.  Page. 

Transfer  of  action  at  law  erroneously  begun  as  suit  iu  equity. .  22  32 
Trial: 

Testimony  usually  taken  in  open  court,  rulings  on  objec- 
tions to  evidence 46  44 

Calendar,  on  expiration  of  time  for  depositions  case  goes 

on 56  60 

Trials,  separate — court  may  order  separate  trials  of  joint  ac- 
tions   26  35 

Trustee  as  party 37  40 

Vacation,  awarding  process,  commissions,  orders,  rules,  etc., 

by  judge  at  chambers  in 1  23 

Value,  averments  in  bill  other  than  of,  if  not  denied,  deemed 

confessed 30  37 

Verification: 

Bill  to  be  verified  by  oath  if  special  relief  asked 25  34 

Of  pleadings,  officers  before  whom  taken 36  40 

Petition  for  rehearing  to  be  verified  by  oath,  etc 69  58 

Viva  voce,  master  may  examine  persons  before  him 65  56 

Vouchers,  production  of,  required  by  master 42  55 

WUl,  execution  of  trusts  of— heir  as  party 41  42 

Witnesses: 

Testimony  usually  to  be  taken  in  open  court 46  44 

Depositions  of ,  may  be  tjiken  when 47  45 

Testimony  of  expert  in  patent  and  trade-mark  cases 48  46 

Before  examiners,  etc.,  cross-examination  of,  etc 49  46 

Testimony  of — 

To  be  read  to 51  47 

To  be  signed  by 51  47 

Refusing  to  sign  testimony 51  47 

Expense  of  taking  deposition  of,  to  be  advanced  by  party 

calling 50  47 

Attendance  of,  before  commissioner,  etc 52  48 

Refusing  to  appear  before  commissioner,  master,  or  ex- 
aminer   52  48 

Compensation  of,  for  attendance   before   commissioner, 

master,  or  examiner 52  48 

May  be  examined  orally  before  court,  or  cross-examined 
before  examiner,  etc.,  when  no  notice  of  deiK)8ition 

given 54  49 

Testimony  of,  by  deposition,  after  case  goes  on  trial  calen- 
dar   56  50 

May  be  examined  on  oath  by  mastar 62  55 

Testimony  of,  how  stated  in  record,  on  appeal 75  62 

Writing,  call  for  admission  of  execution  of  genuineness  of 58  53 

Writings,  production  of,  required  by  master 62  55 


RULES  OF  PRACTICE  FOR  THE  COURTS  OF 
EQUITY  OF  THE  UNITED  STATES. 


DISTRICT    COUET    ALWAYS    OPEN    FOR    CERTAIN"    PUR- 
POSES— ORDERS  AT   CHAMBERS. 

The  district  courts,  as  courts  of  equity,  shall  be 
deemed  always  open  for  the  purpose  of  filing  any 
pleading,  of  issuing  and  returning  mesne  and  final 
process,  and  of  making  and  directing  all  inter- 
locutory motions,  orders,  rules,  and  other  proceed- 
ings preparatory  to  the  hearing,  upon  their  merits, 
of  all  causes  pending  therein. 

Any  district  judge  may,  upon  reasonable  notice 
to  the  parties,  make,  direct,  and  award,  at  cham- 
bers or  in  the  clerk's  office,  and  in  vacation  as  well 
as  in  term,  all  such  process,  commissions,  orders, 
rules,  and  other  proceedings,  whenever  the  same 
'are  not  grantable  of  course,  according  to  the  rules 
and  practice  of  the  court. 


CLERK ^S   OFFICE    ALWAYS    OPEX,    EXCEPT,    ETC. 

The  clerk's  office  shall  be  open  during  business 
hours  on  all  days,  except  Sundays  and  legal  holi- 
days, and  the  clerk  shall  be  in  attendance  for  the 


24 


RULES   OF    PRACTICE   FOR   COURTS   OF   EQUITY. 


purpose  of  receiving  and  disposing  of  all  motions, 
rules,  orders,  and  other  proceedings  which  are 
grantable  of  course. 


BOOKS  KEPT  BY   CLERK  AND  ENTRIES  THEREIN. 

The  clerk  shall  keep  a  book  known  as  ''  equity 

docket,"  in  which  he  shall  enter  each  suit,  with  a 

file  number  corresponding  to  the  folio  in  the  book. 

All  papers  and  orders  filed  with  the  clerk  in  the 

suit,  all  process  issued  and  returns  made  thereon, 

and  all  appearances  shall  be  noted  briefly  and 

chronologically  in  this  book  on  the  folio  assigned 

to   the   suit   and   shall   be   marked   with   its   file 
number. 

The  clerk  shall  also  keep  a  book  entitled  ' '  order 
book,"  in  which  shall  be  entered  at  length,  in  the 
order  of  their  making,  all  orders  made  or  passed 
by  him  as  of  course  and  also  all  orders  made  or 
passed  by  the  judge  in  chambers. 

He  shall  also  keep  an  "  equity  journal,"  in 
which  shall  be  entered  all  orders,  decrees,  and  pro- 
ceedings of  the  court  in  equity  causes  in  term  time. 

Separate  and  suitable  indices  of  the  equity 
docket,  order  book,  and  equity  journal  shall  be 
kept  by  the  clerk,  under  the  direction  of  court. 


NOTICE   OF   ORDERS. 

Neither  the  noting  of  an  order  in  the  equity 
docket  nor  its  entry  in  the  order  book  shall  of 


RULES   OF   PRACTICE    FOR   COURTS   OF   EQUITY.  25 

itself  be  deemed  notice  to  the  parties  or  their 
solicitors;  and  when  an  order  is  made  without 
prior  notice  to,  and  in  the  absence  of,  a  party, 
the  clerk,  unless  otherwise  directed  by  the  court 
or  judge,  shall  forthwith  send  a  copy  thereof,  by 
mail,  to  such  party  or  his  solicitor,  and  a  note  of 
such  mailing  shall  be  made  in  the  equity  docket, 
which  shall  be  taken  as  sufficient  proof  of  due 
notice  of  the  order. 


MOTIONS  GEANTABLE  OF  COUESE  BY  CLERK. 

All  motions  and  applications  in  the  clerk's  office 
for  the  issuing  of  mesne  process  or  final  process 
to  enforce  and  execute  decrees,  for  taking  bills 
pro  confesso,  and  for  other  proceedings  in  the 
clerk's  office  which  do  not  require  any  allowance 
or  order  of  the  court  or  of  a  judge  shall  be  deemed 
motions  and  applications  grantable  of  course  by 
the  clerk;  but  the  same  may  be  suspended,  or 
altered,  or  rescinded  by  the  judge  upon  special 
cause  shown. 


MOTION    DAY. 

Each  district  court  shall  establish  regular  times 
and  places,  not  less  than  once  each  month,  when 
motions  requiring  notice  and  hearing  may  be 
made  and  disposed  of;  but  the  judge  may  at  any 
time  and  place,  and  on  such  notice,  if  any,  as  he 


26  RmLES  OF  PRACTICE   FOR  COURTS   OF  EQUITY. 

may  consider  reasonable,  make  and  direct  all 
interlocutory  orders,  rulings,  and  proceedings  for 
the  advancement,  conduct,  and  hearing  of  causes. 
If  the  public  interest  permits,  the  senior  circuit 
judge  of  the  circuit  may  dispense  with  the  motion 
day  during  not  to  exceed  two  months  in  the  year 
in  any  district. 


PROCESS,  MESNE  AND  FINAL. 

The  process  of  subpoena  shall  constitute  the 
proper  mesne  process  in  all  suits  in  equity,  in  the 
first  instance,  to  require  the  defendant  to  appear 
and  answer  the  bill;  and  unless  otherwise  pro- 
vided in  these  rules  or  s]3ecially  ordered  by  the 
court  a  writ  of  attachment  and,  if  the  defendant 
can  not  be  found,  a  writ  of  sequestration  or  a 
writ  of  assistance  to  enforce  a  delivery  of  ]D0S- 
session,  as  the  case  may  require,  shall  be  the 
proper  process  to  issue  for  the  purpose  of  com- 
pelling obedience  to  any  interlocutory  or  final 
order  or  decree  of  the  court. 


ENJ^ORCEMENT  OF  FINAL  DECREES. 

Final  process  to  execute  any  decree  may,  if  the 
decree  be  solely  for  the  pajnnent  of  money,  be  by 
a  writ  of  execution,  in  the  form  used  in  the  dis- 
trict court  in  suits  at  common  law  in  actions  of 
assumpsit.    If  the  decree  be  for  the  performance 


RULES   OF   PRACTICE   FOR   COURTS   OF  EQUITY.  27 

of  any  specific  act,  as,  for  example,  for  the  execu- 
tion of  a  conveyance  of  land  or  the  delivering  up 
of  deeds  or  other  documents,  the  decree  shall  in 
all  cases  prescribe  the  time  within  which  the  act 
shall  be  done,  of  which  the  defendant  shall  be 
bound,  without  further  sei-^ice,  to  take  notice ;  and 
upon  affidavit  of  the  plaintiff,  filed  in  the  clerk's 
office,  that  the  same  has  not  been  complied  with 
within  the  prescribed  time,  the  clerk  shall  issue  a 
writ  of  attachment  against  the  delinquent  party, 
from  which,  if  attached  thereon,  he  shall  not  be 
discharged,  unless  upon  a  full  compliance  with  the 
decree  and  the  pajTnent  of  all  costs,  or  upon  a 
special  order  of  the  court,  or  a  judge  thereof,  upon 
motion  and  affidavit,  enlarging  the  time  for  the 
performance  thereof.  If  the  delinquent  party  can 
not  be  found,  a  writ  of  sequestration  shall  issue 
against  his  estate,  ujDon  the  return  of  non  est  in- 
ventus, to  compel  obedience  to  the  decree.  If  a 
mandatory  order,  injunction,  or  decree  for  the 
specific  performance  of  any  act  or  contract  be  not 
complied  with,  the  court  or  a  judge,  besides,  or 
instead  of,  proceeding  against  the  disobedient 
party  for  a  contempt  or  by  sequestration,  may  by 
order  direct  that  the  act  required  to  be  done  be 
done,  so  far  as  practicable,  by  some  other  person 
appointed  by  the  court  or  judge,  at  the  cost  of  the 
disobedient  party,  and  the  act,  when  so  done,  shall 
have  like  effect  as  if  done  by  him. 


28  KULES   or   PRACTICE   FOR   COURTS   OF   EQUITY. 

Rnle    9. 

WRIT  OF  ASSISTANCE. 

When  any  decree  or  order  is  for  the  delivery  of 
possession,  upon  proof  made  by  affidavit  of  a  de- 
mand and  refusal  to  obey  the  decree  or  order,  the 
party  prosecuting  the  same  shall  be  entitled  to  a 
writ  of  assistance  from  the  clerk  of  the  court. 

Rale    10. 

DECREE  FOR  DEFICIENCY  IN  FORECLOSURES,  ETC. 

In  suits  for  the  foreclosure  of  mortgages,  or  the 
enforcement  of  other  liens,  a  decree  may  be  ren- 
dered for  any  balance  that  may  be  found  due  to 
the  plaintiff  over  and  above  the  proceeds  of  the 
sale  or  sales,  and  execution  may  issue  for  the  col- 
lection of  the  same,  as  is  provided  in  Rule  8  when 
the  decree  is  solelv  for  the  payment  of  money. 


PROCESS    IN    BEHALF    OF    AND    AGAINST    PERSONS    NOT 
PARTIES. 

Every  person,  not  being  a  party  in  any  cause, 
who  has  obtained  an  order,  or  in  whose  favor  an 
order  shall  have  been  made,  may  enforce  obedience 
to  such  order  by  the  same  process  as  if  he  were  a 
party ;  and  every  person,  not  being  a  party,  against 
whom  obedience  to  any  order  of  the  court  may 
be  enforced,  shall  be  liable  to  the  same  process 
for  enforcing  obedience  to  such  orders  as  if  he 
were  a  party. 


RULES   OF   PRACTICE    TOR   COURTS   OF   EQUITY.  29 


ISSUE  OF  SUBPCENA — TIME  FOR  ANSWER. 

WliencATr  a  bill  is  filed,  and  not  before,  the 
clerk  shall  issue  the  process  of  subpoena  thereon, 
as  of  course,  upon  the  application  of  the  plaintiff, 
which  shall  contain  the  names  of  the  parties  and 
be  returnable  into  the  clerk's  office  20  days 
from  the  issuing  thereof.  At  the  bottom  of  the 
subpoena  shall  be  placed  a  memorandum,  that  the 
defendant  is  required  to  file  his  answer  or  other 
defense  in  the  clerk's  office  on  or  before  the  twen- 
tieth day  after  service,  excluding  the  day  thereof ; 
otherwise  the  bill  may  be  taken  pro  confesso. 
Where  there  are  more  than  one  defendant,  a  writ 
of  subpoena  may,  at  the  election  of  the  plaintiff, 
be  sued  out  separately  for  each  defendant,  or  a 
joint  subpoena  against  all  the  defendants. 


MANNER   OF    SERVING   SUBPCENA. 

The  service  of  all  subpoenas  shall  be  by  deliver- 
ing a  copy  thereof  to  the  defendant  personally,  or 
by  leaving  a  copy  thereof  at  the  dwelling  house  or 
usual  place  of  abode  of  each  defendant,  with  some 
adult  person  who  is  a  member  of  or  resident  in 
the  family. 

Rnle    14. 

ALIAS  SUBPCENA. 

Whenever  any  subpoena  shall  be  returned  not 
executed  as  to  any  defendant,  the  plaintiff  shall 


30 


RULES    OF   PRACTICE   FOR   COURTS    OF   EQUITY. 


be  entitled  to  other  subpoenas  against  such  defend- 
ant until  due  service  is  made. 


PROCESS,  BY   WHOM   SERVED. 

The  service  of  all  process,  mesne  and  final,  shall 
be  by  the  marshal  of  the  district,  or  his  deputy, 
or  by  some  other  person  specially  appointed  by 
the  court  or  judge  for  that  purpose,  and  not  other- 
wise. In  the  latter  case  the  person  serving  the 
process  shall  make  affidavit  thereof. 


DEFENDANT   TO   ANSWER — DEFAULT — DECREE   PRO 
CONFESSO. 

It  shall  be  the  duty  of  the  defendant,  unless 
the  time  shall  be  enlarged,  for  cause  shown,  by  a 
judge  of  the  court,  to  file  his  answer  or  other 
defense  to  the  bill  in  the  clerk's  office  within  the 
time  named  in  the  subpoena  as  required  by  Rule 
12.  In  default  thereof  the  plaintiff  may,  at  his 
election,  take  an  order  as  of  course  that  the  bill 
be  taken  pro  confesso,  and  thereupon  the  cause 
shall  be  proceeded  in  ex  parte. 


DECREE  PRO  CONFESSO  TO  BE  FOLLOWED  BY  FINAL 
DECREE — SETTING  ASIDE  DEFAULT. 

When  the  bill  is  taken  pro  confesso,  the  court 
may  proceed  to  a  final  decree  at  any  time  after 


RULES   OF   PRACTICE   FOR   COURTS   OF   EQUITY. 


31 


the  expiration  of  30  days  after  the  entry  of 
the  order  pro  confesso,  and  such  decree  shall  be 
deemed  absolute,  imless  the  court  shall  at  the 
same  term  set  aside  the  same,  or  enlarge  the  tune 
for  filing  the  answer,  upon  cause  shown  upon 
motion  and  affidavit.  No  such  motion  shall  be 
granted,  unless  upon  the  payment  of  the  costs  of 
the  plaintiff  up  to  that  time,  or  such  part  thereof 
as  the  court  shall  deem  reasonable,  and  unless  the 
defendant  shall  undertake  to  file  his  answer  within 
such  time  as  the  court  shall  direct  and  submit  to 
such  other  terms  as  the  court  shall  direct  for  the 
purpose  of  speeding  the  cause. 


PLEADINGS — TECHNICAL  FORMS  ABROGATED. 

Unless  otherwise  prescribed  by  statute  or  these 
rules,  the  technical  forms  of  pleadings  in  equity 
are  abolished. 


AMENDMENTS  GENERALLY. 

The  court  may  at  any  time,  in  furtherance  of 
justice,  upon  such  terms  as  may  be  just,  permit 
any  process,  proceeding,  pleading,  or  record  to  be 
amended,  or  material  supplemental  matter  to  be 
set  forth  in  an  amended  or  suiDplemental  pleading. 
The  court  at  every  stage  of  the  proceeding  must 
disregard  any  error  or  defect  in  the  proceeding 
which  does  not  affect  the  substantial  rights  of  the 
parties. 

32406°— 18 6 


o2  RUUSS    OF    PRACTICE    FOR    COURTS    OF   EQUITY. 

Rule   20. 

rUETHEE   AND   PAETICULAR    STATEMENT    IN    PLEADING 
MAY   BE  REQUIRED. 

A  further  and  better  statement  of  the  nature 
of  the  claim  or  defense,  or  further  and  better  par- 
ticulars of  any  matter  stated  in  any  jDleading,  may 
in  any  case  be  ordered  upon  such  terms  as  to  costs 
and  otherwise  as  may  be  just. 


SCANDAL   AND   IMPERTINENCE. 

The  right  to  except  to  bills,  answers,  and  other 
proceedings  for  scandal  or  impertinence  shall  not 
obtain,  but  the  court  may,  upon  motion  or  its  own 
initiative,  order  any  redundant,  impertinent,  or 
scandalous  matter  stricken  out  upon  such  terms  as 
the  court  shall  think  fit. 


ACTION  AT  LAW  ERRONEOUSLY  BEGUN  AS  SUIT  IN 
EQUITY — TRANSFER. 

If  at  any  time  it  appear  that  a  suit  commenced 
in  equity  should  have  been  brought  as  an  action 
on  the  law  side  of  the  court,  it  shall  be  forthwith 
transferred  to  the  law  side  and  be  there  proceeded 
with,  with  only  such  alteration  in  the  pleadings 
as  shall  be  essential. 


BULKS   OF   PKACTICE   FOR   COURTS    OF   EQUITY.  33 

Knie   23. 

MATTERS  ORDIXARILY  DETERMINABLE  AT  LAW  WHEN 
ARISING  IN  SUIT  IN  EQUITY  TO  BE  DISPOSED  OF 
THEREIN. 

If  in  a  suit  in  equity  a  matter  ordinarily  deter- 
minable at  law  arises,  such  matter  sliall  be  deter- 
mined in  that  suit  according  to  the  principles  ap- 
plicable, without  sending  the  case  or  question  to 
the  law  side  of  the  court. 


SIGNATURE  OF  COUNSEL. 

Every  bill  or  other  pleading  shall  be  signed  in- 
dividually by  one  or  more  solicitors  of  record,  and 
such  signatures  shall  be  considered  as  a  certificate 
by  each  solicitor  that  he  has  read  the  pleading  so 
signed  by  him ;  that  upon  the  instructions  laid  be- 
fore him  regarding  the  case  there  is  good  ground 
for  the  same ;  that  no  scandalous  matter  is  inserted 
in  the  pleading;  and  that  it  is  not  interposed  for 
delay. 

Rale   25. 

BILL   OF   CO^IFLAINT — CONTENTS. 

Hereafter  it  shall  be  sufficient  that  a  bill  in 
equity  shall  contain,  in  addition  to  the  usual  cap- 
tion: 

First,  the  full  name,  when  knowTi,  of  each  plain- 
tiff and  defendant,  and  the  citizenship  and  resi- 
dence of  each  party.  If  any  party  be  under  any 
disability  that  fact  shall  be  stated. 


34       RULES  OF  PRACTICE  FOR  COURTS  OF  EQUITY. 

Second,  a  short  and  plain  statement  of  the 
grounds  upon  which  the  court's  jurisdiction  de- 
pends. 

Third,  a  short  and  simple  statement  of  the  ulti- 
mate facts  upon  which  the  plaintiff  asks  relief, 
omitting  any  mere  statement  of  evidence. 

Fourth,  if  there  are  persons  other  than  those 
named  as  defendants  who  appear  to  be  proper 
parties,  the  bill  should  state  why  they  are  not  made 
parties — as  that  they  are  not  within  the  jurisdic- 
tion of  the  court  or  can  not  be  made  parties  with- 
out ousting  the  jurisdiction. 

Fifth,  a  statement  of  and  prayer  for  any  special 
relief  pending  the  suit  or  on  final  hearing,  which 
may  be  stated  and  sought  in  alternative  forms.  If 
special  relief  pending  the  suit  be  desired  the  bill 
should  be  verified  by  the  oath  of  the  plaintiff  or 
some  one  having  knowledge  of  the  facts  upon 
which  such  relief  is  asked. 


JOINDER   OF    CAUSES    OF    ACTION. 

The  plaintiff  may  join  in  one  bill  as  many  causes 
of  action,  cognizable  in  equity,  as  he  may  have 
against  the  defendant.  But  when  there  are  more 
than  one  plaintiff,  the  causes  of  action  joined  must 
be  joint,  and  if  there  be  more  than  one  defendant 
the  liability  must  be  one  asserted  against  all  of  the 
material  defendants,  or  sufficient  grounds  must 
appear  for  uniting  the  causes  of  action  in  order 


RLTLES   or   PRACTICE   FOR   C0T7RTS   OF   EQUITY.  35 

to  promote  the  convenient  administration  of  jus- 
tice. If  it  appear  tliat  any  such  causes  of  action 
can  not  be  conveniently  disposed  of  together,  the 
court  may  order  separate  trials. 

Rale    '27. 

stockholder's  bill. 

Every  bill  brought  by  one  or  more  stockholders 
in  a  corporation  against  the  corporation  and  other 
parties,  founded  on  rights  which  may  properly 
be  asserted  by  the  corporation,  must  be  verified  by 
oath,  and  must  contain  an  allegation  that  the 
plaintiff  was  a  shareholder  at  the  time  of  the  trans- 
action of  Avhich  he  complains,  or  that  his  share 
had  devolved  on  him  since  by  operation  of  law, 
and  that  the  suit  is  not  a  collusive  one  to  confer 
on  a  court  of  the  United  States  jurisdiction  of 
a  case  of  which  it  would  not  otherwise  have  cog- 
nizance. It  must  also  set  forth  with  pai'ticularity 
the  efforts  of  the  plaintiff  to  secure  such  action  as 
he  desires  on  the  part  of  the  managing  directors 
or  trustees  and,  if  necessary,  of  the  shareholders, 
and  the  causes  of  his  failure  to  obtain  such  action 
or  the  reasons  for  not  making  such  effort. 


AMENDMENT   OF   BILL   AS   OF    COURSE. 

The  plaintiff  may,  as  of  course,  amend  his  bill 
before  the  defendant  has  responded  thereto,  but 
if  such  amendment  be  filed  after  any  copy  has  is- 


36 


RULES   OF   PRACTICE   FOR   COURTS   OF   EQUITY. 


sued  from  the  clerk's  office,  the  plaintiff  at  his 
o^n  cost  shall  furnish  to  the  solicitor  of  record  of 
each  opposing  party  a  copy  of  the  bill  as  amended, 
unless  otherwise  ordered  by  the  court  or  judge. 

After  pleading  filed  by  any  defendant,  plaintiff 
may  amend  only  by  consent  of  the  defendant  or 
leave  of  the  court  or  judge. 


DEFENSES — HOW   PRESENTED. 

Demurrers  and  pleas  are  abolished.  Every  de- 
fense in  point  of  law  arising  upon  the  face  of 
the  bill,  whether  for  misjoinder,  nonjoinder,  or  in- 
sufficiency of  fact  to  constitute  a  valid  cause  of 
action  in  equity,  which  might  heretofore  have  been 
made  by  demurrer  or  plea,  shall  be  made  by  mo- 
tion to  dismiss  or  in  the  answer;  and  every  such 
point  of  law  going  to  the  whole  or  a  material  part  of 
the  cause  or  causes  of  action  stated  in  the  bill  may 
be  called  up  and  disposed  of  before  final  hearing  at 
the  discretion  of  the  court.  Every  defense  hereto- 
fore presentable  by  plea  in  bar  or  abatement  shall 
be  made  in  the  answer  and  may  be  separately 
heard  and  disposed  of  before  the  trial  of  the  prin- 
cipal case  in  the  discretion  of  the  court.  If  the 
defendant  move  to  dismiss  the  bill  or  any  part 
thereof,  the  motion  may  be  set  down  for  hearing 
by  either  party  upon  five  days'  notice,  and,  if  it 
be  denied,  answer  shall  be  filed  within  five  days 
thereafter  or  a  decree  pro  confesso  entered. 


RTJLES    OF    PRACTICE    FOR    COTJRTS    OF   EQUITY.  37 

Rale    30. 

ANSWER — CONfTENTS — COUNTERCLAIM. 

The  defendant  in  his  answer  shall  in  short  and 
simple  terms  set  out  his  defense  to  each  claim  as- 
serted by  the  bill,  omitting  any  mere  statement  of 
evidence  and  avoiding  any  general  denial  of  the 
averments  of  the  bill,  but  specifically  admitting 
or  denying  or  explaining  the  facts  upon  which  the 
plaintiff  relies,  unless  the  defendant  is  without 
knowledge,  in  which  case  he  shall  so  state,  such 
statement  operating  as  a  denial.  Averments  other 
than  of  value  or  amount  of  damage,  if  not  denied, 
shall  be  deemed  confessed,  except  as  against  an 
infant,  lunatic,  or  other  person  non  compos  and 
not  under  guardianship,  but  the  answer  may  be 
amended,  by  leave  of  the  court  or  judge,  upon 
reasonable  notice,  so  as  to  put  any  averment  in 
issue,  when  justice  requires  it.  The  answer  may 
state  as  many  defenses,  in  the  alternative,  regard- 
less of  consistency,  as  the  defendant  deems  essen- 
tial to  his  defense. 

The  answer  must  state  in  short  and  simple  form 
any  counterclaim  arising  out  of  the  transaction 
which  is  the  subject  matter  of  the  suit,  and  may, 
without  cross  bill,  set  out  any  set-off  or  counter- 
claim against  the  plaintiff  which  might  be  the  sub- 
ject of  an  independent  suit  in  equity  against  him, 
and  such  set-off  or  counterclaim  so  set  up  shall 
have  the  same  effect  as  a  cross  suit,  so  as  to  enable 


38  RU1£S   OF   PRACTICE   FOR   COURTS   OF   EQUITY. 

the  court  to  pronounce  a  final  judgment  in  the 
same  suit  both  on  the  original  and  cross  claims. 


REPLY — WHEN   EEQUIEED — WHEN    CAUSE  AT   ISSUE. 

Unless  the  answer  assert  a  set-off  or  counter- 
claim, no  reply  shall  be  required  without  special 
order  of  the  court  or  judge,  but  the  cause  shall 
be  deemed  at  issue  upon  the  filing  of  the  answer, 
and  any  new  or  affirmative  matter  therein  shall 
be  deemed  to  be  denied  by  the  plaintiff.  If  the 
answer  include  a  set-off  or  counterclaim  the  party 
against  whom  it  is  asserted  shall  rejDly  within  10 
days  after  the  filing  of  the  answer,  unless  a  longer 
time  be  allowed  by  the  court  or  judge.  If  the 
counterclaim  is  one  which  affects  the  rights  of 
other  defendants  they  or  their  solicitors  shall  be 
served  with  a  copy  of  the  same  within  10  days 
from  the  filing  thereof,  and  10  days  shall  be  ac- 
corded to  such  defendants  for  filing  a  reply.  In 
default  of  a  reply,  a  decree  pro  confesso  on  the 
counterclaim  may  be  entered  as  in  default  of  an 
answer  to  the  bill. 


ANSWER  TO  AMENDED  BILL. 

In  every  case  where  an  amendment  to  the  bill 
shall  be  made  after  answer  filed,  the  defendant 
shall  put  in  a  new  or  supplemental  answer  within 
10  days  after  that  on  which  the  amendment  or 


RULES   OF   PRACTICE   FOR   COURTS   OF  EQUITY.  39 

amended  bill  is  filed,  unless  the  time  is  enlarged 
or  it  is  otherwise  ordered  by  a  judge  of  the  court ; 
and  upon  a  default,  the  like  proceedings  may  be 
had  as  upon  an  omission  to  put  in  an  answer. 


TESTIXG  SUFFICIENCY   OF   DEFENSE. 

Exceptions  for  insufficiency  of  an  answer  are 
abolished.  But  if  an  answer  set  up  an  affirmative 
defense,  set-off,  or  counterclaim,  the  plaintiff  may, 
upon  five  days'  notice,  or  such  further  time  as  the 
court  may  allow,  test  the  sufficiency  of  the  same 
by  motion  to  strike  out.  If  found  insufficient  but 
amendable  the  court  may  allow  an  amendment 
upon  terms,  or  strike  out  the  matter. 

Rule   34. 

SUPPLEMENTAL  PLEADING. 

Upon  application  of  either  party  the  court  or 
judge  miay,  upon  reasonable  notice  and  such  terms 
as  are  just,  permit  him  to  file  and  serve  a  supple- 
mental pleading,  alleging  material  facts  occurring 
after  his  former  pleading,  or  of  which  he  was 
ignorant  when  it  was  made,  including  the  judg- 
ment or  decree  of  a  competent  court  rendered 
after  the  commencement  of  the  suit  determining 
the  matters  in  controversy  or  a  part  thereof. 

Rale    35. 

BILLS   OF   RE\aVOR   AND   SUPPlgEMENTAL   BILLS — FORM. 

It  shall  not  be  necessary  in  any  bill  of  revivor 
or  supplemental  bill  to  set  forth  any  of  the  state- 


40  RULES   OF   PRACTICE   FOR   COURTS   OF   EQUTTT. 

ments  in  the  original  suit,  unless  the  special  cir- 
cumstances of  the  case  may  require  it. 


OFFICERS   BEFORE    WHOM    PLEADINGS   VERIFIED. 

Every  pleading  which  is  required  to  be  sworn 
to  by  statute,  or  these  rules,  may  be  verified  before 
any  justice  or  judge  of  any  court  of  the  United 
States,  or  of  any  State  or  Territory,  or  of  the 
District  of  Columbia,  or  any  clerk  of  any  court  of 
the  United  States,  or  of  any  Territory,  or  of  the 
District  of  Columbia,  or  any  notary  public. 


PARTIES  GENERALLY — INTERVENTION. 

Every  action  shall  be  prosecuted  in  the  name  of 
the  real  party  in  interest,  but  an  executor,  admin- 
istrator, guardian,  trustee  of  an  express  trust,  a 
party  mth  whom  or  in  whose  name  a  contract 
has  been  made  for  the  benefit  of  another,  or  a 
party  expressly  authorized  by  statute,  may  sue  in 
his  own  name  without  joining  mth  him  the  party 
for  whose  benefit  the  action  is  brought.  All  per- 
sons having  an  interest  in  the  subject  of  the  action 
and  in  obtaining  the  relief  demanded  may  join  as 
plaintiffs,  and  any  person  may  be  made  a  defend- 
ant who  has  or  claims  an  interest  adverse  to  the 
plaintiff.  Any  person  may  at  any  time  be  made 
a  party  if  his  presence  is  necessary  or  proper 
to  a  complete  determination  of  the  cause.    Persons 


RULES   OF    PKACTTCE    FOR   COURTS   OF   EQUITT.  41 

having  a  united  interest  must  be  joined  on  the 
same  side  as  plaintiffs  or  defendants,  but  when 
anyone  refuses  to  join  he  may  for  such  reason 
be  made  a  defendant 

Anyone  claiming  an  interest  in  the  litigation 
may  at  any  time  be  permitted  to  assert  his  right 
by  intervention,  but  the  intervention  shall  be  in 
subordination  to,  and  in  recognition  of,  the 
propriety  of  the  main  proceeding. 


representati\t:s  of  class. 

When  the  question  is  one  of  common  or  general 
interest  to  many  persons  constituting  a  class  so  nu- 
merous as  to  make  it  impracticable  to  bring  them 
all  before  the  court,  one  or  more  may  sue  or  de- 
fend for  the  whole. 

Rule   39. 

ABSENCE   OF   PERSONS   WHO   W^OULD   BE   PROPER 
PARTIES. 

In  all  cases  where  it  shall  appear  to  the  court 
that  persons,  who  might  otherwise  be  deemed 
proper  parties  to  the  suit,  can  not  be  made  parties 
by  reason  of  their  being  out  of  the  jurisdiction  of 
the  court,  or  incapable  otherwise  of  being  made 
parties,  or  because  their  joinder  would  oust  the 
jurisdiction  of  the  court  as  to  the  parties  before 
the  court,  the  court  may,  in  its  discretion,  proceed 
in  the  cause  ^^ithout  making  such  persons  parties ; 
and  in  such  cases  the  decree  shall  be  without  preju- 
dice to  the  rights  of  the  absent  parties. 


42  RULES  or  practice  for  courts  of  equity. 

Rale   40. 

NOMINAL   PARTIES. 

Where  no  account,  payment,  conveyance,  or 
other  direct  relief  is  sought  against  a  party  to  a 
suit,  not  being  an  infant,  the  party,  upon  service 
of  the  subpoena  upon  him,  need  not  appear  and 
answer  the  bill  unless  the  plaintiff  specially  re- 
quires him  to  do  so  by  the  prayer ;  but  he  may  ap- 
pear and  answer  at  his  option ;  and  if  he  does  not 
appear  and  answer  he  shall  be  bound  by  all  the 
proceedings  in  the  cause.  If  the  plaintiff  shall  re- 
quire him  to  appear  and  answer  he  shall  be  en- 
titled to  the  costs  of  all  the  proceedings  against 
him  unless  the  court  shall  otherwise  direct. 

Rule   41. 

SUIT   TO  EXECUTE   TRUSTS   OF   WILL — HEIR   AS   PARTY. 

In  suits  to  execute  the  trusts  of  a  mil  it  shall 
not  be  necessary  to  make  the  heir  at  law  a  party; 
but  the  plaintiff  shall  be  at  liberty  to  make  the 
heir  at  law  a  party  where  he  desires  to  have  the 
will  established  against  him. 


JOINT   AND   SEVERAL  DEMANDS. 

In  all  cases  in  which  the  plaintiff  has  a  joint 
and  several  demand  against  several  persons,  either 
as  principals  or  sureties,  it  shall  not  be  necessary 
to  bring  before  the  court  as  parties  to  a  suit  con- 


RULES   OF   PRACTICE   FOR    COURTS    OF   EQUITY.  43 

ceming  sucli  demand  all  the  persons  liable  thereto ; 
but  the  plaintiff  may  proceed  against  one  or  more 
of  the  persons  severally  liable. 


DEFECT  OF  PARTIES — RESISTING  OBJECTION. 

Where  the  defendant  shall  by  his  answer  sug- 
gest that  the  bill  of  complaint  is  defective  for 
want  of  parties,  the  plaintiff  may,  within  14  days 
after  answer  filed,  set  do^^^l  the  cause  for  argu- 
ment as  a  motion  upon  that  objection  only;  and 
where  the  plaintiff  shall  not  so  set  down  his  cause, 
but  shall  proceed  therewith  to  a  hearing,  notwith- 
standing an  objection  for  want  of  parties  taken 
by  the  answer,  he  shall  not  at  the  hearing  of  the 
cause,  if  the  defendant's  objection  shall  then  be 
allowed,  be  entitled  as  of  course  to  an  order  to 
amend  his  bill  by  adding  parties;  but  the  court 
shall  be  at  liberty  to  dismiss  the  bill  or  to  allow 
an  amendment  on  such  terms  as  justice  may  re- 
quire. 

Rule   44. 

DEFECT   OF   PARTIES — TARDY    OBJECTION. 

If  a  defendant  shall,  at  the  hearing  of  a  cause, 
object  that  a  suit  is  defective  for  w^ant  of  parties, 
not  having  by  motion  or  answer  taken  the  objec- 
tion and  therein  specified  by  name  or  description 
the  parties  to  whom  the  objection  applies,  the 
court  shall  be  at  liberty  to  make  a  decree  saving 
the  rights  of  the  absent  parties. 


44  EUUES   OF   PRACTICE   FOR   COURTS   OF   EQUITY. 

Rule   45. 

DEATH    OF    PARTY — REVIVOR. 

In  the  event  of  the  death  of  either  party  the 
court  ma}^  in  a  proper  case,  upon  motion,  order 
the  suit  to  be  revived  by  the  substitution  of  the 
proper  parties.  If  the  successors  or  representa- 
tives of  the  deceased  party  fail  to  make  such  ap- 
plication within  a  reasonable  time,  then  any  other 
party  may,  on  motion,  apply  for  such  relief,  and 
the  court,  upon  any  such  motion,  may  make  the 
necessary  orders  for  notice  to  the  parties  to  be 
substituted  and  for  the  filing  of  such  pleadings  or 
amendments  as  may  be  necessary. 

Rule   46. 

TRIAL — TESTIMONY  USUALLY  TAKEN  IN  OPEN  COURT — 
RULINGS  ON  OBJECTIONS  TO  E^TDENCE. 

In  all  trials  in  equity  the  testimony  of  witnesses 
shall  be  taken  orally  in  open  court,  except  as; 
othervdse  j^rovided  by  statute  or  these  rules.  The 
court  shall  pass  upon  the  admissibility  of  all  evi- 
dence offered  as  in  actions  at  law.  When  evidence 
is  offered  and  excluded,  and  the  party  against 
whom  the  ruling  is  made  excepts  thereto  at  the 
time,  the  court  shall  take  and  report  so  much 
thereof,  or  make  such  a  statement  respecting  it, 
as  will  clearly  show  the  character  of  the  evidence, 
the  form  in  which  it  was  offered,  the  objection 
made,  the  ruling,  and  the  exception.  If  the  ap- 
pellate court  shall  be  of  opinion  that  the  evidence 
should  have  been  admitted,  it  shall  not  reverse 


RULES   OF   PRACTICE   FOR    COURTS   OF   EQUITY.  45 

the  decree  unless  it  be  clearly  of  opinion  that 
material  prejudice  Avill  result  from  an  affirmance, 
in  which  event  it  shall  direct  such  further  steps 
as  justice  may  require. 


DEPOSITIONS — TO    BE    TAKEN    IN    EXCEPTIONAL 
INSTANCES. 

The  court,  upon  api^lication  of  either  party, 
when  allowed  by  statute,  or  for  good  and  excep- 
tional cause  for  departing  from  the  general  rule, 
to  be  shown  by  affidavit,  may  permit  the  deposition 
of  named  witnesses,  to  be  used  before  the  court  or 
upon  a  reference  to  a  master,  to  be  taken  before 
an  examiner  Or  other  named  officer,  upon  the 
notice  and  terms  specified  in  the  order.  All  depo- 
sitions taken  under  a  statute,  or  under  any  such 
order  of  the  court,  shall  be  taken  and  filed  as 
follows,  unless  otherwise  ordered  by  the  court  or 
judge  for  good  cause  shown :  Those  of  the  plaintiff 
within  60  days  from  the  time  the  cause  is  at  issue ; 
those  of  the  defendant  within  30  days  from  the 
expiration  of  the  time  for  the  filing  of  plaintiff's 
depositions;  and  rebutting  depositions  by  either 
party  within  20  days  after  the  time  for  taking 
original  depositions  expires. 


TESTIMONY    OF    EXPERT    WITNESSES    IN    PATENT    AND 
TRADE-MAEK   CASES. 

In  a  case  involving  the  validity  or  scope  of  a 
patent  or  trade-mark,  the  district  court  may,  uj^on 


46  RULES   or    PRACTICE    FOR   COURTS    OF   EQUITY. 

petition,  order  that  the  testimony  in  chief  of  ex- 
pert witnesses,  whose  testimony  is  directed  to  mat- 
ters of  opinion,  be  set  forth  in  affidavits  and  filed 
as  follows:  Those  of  the  plaintiff  within  40 
days  after  the  cause  is  at  issue;  those  of  the  de- 
fendant within  20  days  after  plaintiff's  time 
has  expired;  and  rebutting  affidavits  within  15 
days  after  the  expiration  of  the  time  for  filing 
original  affidavits.  Should  the  opposite  party  de- 
sire the  production  of  any  affiant  for  cross-exami- 
nation, the  court  or  judge  shall,  on  motion,  direct 
that  said  cross-examination  and  any  reexamination 
take  place  before  the  court  upon  the  trial ;  and  un- 
less the  affiant  is  produced  and  submits  to  cross- 
examination  in  compliance  with  such  direction,  his 
affidavit  shall  not  be  used  as  evidence  in  the  cause. 


EVIDENCE  TAKEN  BEFORE  EXAMINERS^  ETC. 

All  evidence  offered  befoi'e  an  examiner  or  like 
officer,  together  wdth  any  objections,  shall  be  saved 
and  returned  into  the  court.  Depositions,  whether 
upon  oral  examination  before  an  examiner  or  like 
officer  or  otherwise,  shall  be  taken  upon  questions 
and  answers  reduced  to  writing  or  in  the  form  of 
narrative,  and  the  witness  shall  be  subject  to  cross- 
examination  and  reexamination. 

Rule   50. 

STENOGRAPHER — APPOINTMENT — FEES. 

When  deemed  necessary  by  the  court  or  officer 
taking  testimony,  a  stenographer  may  be  appointed 


RULES  OF  PRACTICE  FOR  COURTS  OF  EQUITY. 


47 


who  shall  take  down,  testimony  in  shorthand  and, 
if  required,  transcribe  the  same.  His  fee  shall  be 
fixed  by  the  court  and  taxed  ultimately  as  costs. 
The  expense  of  taking  a  deposition,  or  the  cost  of  a 
transcript,  shall  be  advanced  by  the  party  calling 
the  ^\dtness  or  ordering  the  transcript. 


Rule    51. 


EVIDENCE  TAKEN  BEFORE  EXAI^EINERS,  ETC. 

Objections  to  the  evidence,  before  an  examiner 
or  like  officer,  shall  be  in  short  form,  stating  the 
grounds  of  objection  relied  upon,  but  no  transcript 
filed  by  such  officer  shall  include  argument  or  de- 
bate. The  testimony  of  each  witness,  after  being 
reduced  to  writing,  shall  be  read  over  to  or  by  him, 
and  shall  be  signed  by  him  in  the  presence  of  the 
officer;  pro'sdded,  that  if  the  witness  shall  refuse 
to  sign  his  deposition  so  taken,  the  officer  shall 
sign  the  same,  stating  upon  the  record  the  reasons, 
if  any,  assigned  by  the  witness  for  such  refusal. 
Objection  to  any  question  or  questions  shall  be 
noted  by  the  officer  upon  the  deposition,  but  he 
shall  not  have  power  to  decide  on  the  competency 
or  materiality  or  relevancy  of  the  questions.  The 
court  shall  have  power,  and  it  shall  be  its  duty,  to 
deal  with  the  costs  of  incompetent  and  immaterial 
or  irrelevant  depositions,  or  parts  of  them,  as  may 
be  just. 


48  RUUES   OF   PRACTICE   FOR   COURTS    OF   EQUITY. 


Rule   62. 


ATTENDANCE    OF    WITNESSES    BEFORE    COMMISSIONER, 
MASTER,  OR  EXAMINER. 

Witnesses  wlio  live  within  the  district,  and  whose 
testimony  may  be  taken  out  of  court  by  these  rules, 
may  be  summoned  to  appear  before  a  commissioner 
appointed  to  take  testimony,  or  before  a  master  or 
examiner  appointed  in  any  cause  by  subpoena  in 
the  usual  form,  which  may  be  issued  by  the  clerk 
in  blank  and  filled  up  by  the  party  praying  the 
same,  or  by  the  commissioner,  master,  or  examiner, 
requiring  the  attendance  of  the  witnesses  at  the 
time  and  place  specified,  who  shall  be  allowed  for 
attendance  the  same  compensation  as  for  attend- 
ance in  court,  and  if  any  witness  shall  refuse  to 
appear  or  give  evidence  it  shall  be  deemed  a  con- 
tempt of  the  court,  which  being  certified  to  the 
clerk's  office  by  the  commissioner,  master,  or  ex- 
aminer, an  attachment  may  issue  thereupon  by 
order  of  the  court  or  of  any  judge  thereof,  in  the 
same  manner  as  if  the  contempt  were  for  not  at- 
tending, or  for  refusing  to  give  testimony  in,  the 
court. 

In  case  of  refusal  of  witnesses  to  attend  or  be 
sworn  or  to  answer  any  question  put  by  the  com- 
missioner, master,  or  examiner,  or  by  counsel  or 
solicitor  the  same  practice  shall  be  adopted  as  is 
now  practiced  with  respect  to  witnesses  to  be  pro- 
duced on  examination  before  an  examiner  of  said 
court  on  written  interrogatories. 


RULES   OF   PIIACTICE    FOR   COURTS   OF   EQUITY.  49 


Rnle   53. 


NOTICE  OF  TAKING  TESTI:M0NY  BEFORE  EXAMINER,  ETC. 

Notice  shall  be  given  by  the  respective  counsel 
or  parties  to  the  opposite  counsel  or  parties  of  the 
time  and  place  of  examination  before  an  exami- 
ner or  like  officer  for  such  reasonable  time  as  the 
court  or  officer  may  fix  by  order  in  each  case. 


DEPOSITIONS  UNDER  REVISED  STATUTES,  SECTIONS   863, 
8G5,    8G6,    867 — CROSS-EXAMINATION. 

After  a  cause  is  at  issue  depositions  may  be 
taken  as  provided  by  sections  863,  865,  866,  and 
867,  Revised  Statutes.  But  if  in  any  case  no  no- 
tice has  been  given  the  opposite  party  of  the 
time  and  place  of  taking  the  deposition,  he  shall, 
upon  application  and  notice,  be  entitled  to  have 
the  witness  examined  orally  before  the  court,  or 
to  a  cross-examination  before  an  examimer  or  like 
officer,  or  a  new  deposition  taken  with  notice,  as 
the  coui-t  or  judge  under  all  the  circumstances 
shall  order. 

Rnle   55. 

DEPOSITION  DEEIVIED  PUBLISHED  WHEN  FILED. 

Upon  the  filing  of  any  deposition  or  affidavit 
taken  under  these  rules  or  any  statute,  it  shall  be 
deemed  published  unless  otherwise  ordered  by  the 
court. 


50  RULES   OF   PRACTICE   FOR   COURTS    OF   EQUITY. 

Rule    56. 

ON  EXPIRATION  OF  TIME  FOR  DEPOSITIONS,  CASE  GOES 
ON   TRIAL   CALENDAR. 

After  the  time  has  elapsed  for  taking  and  filing 
depositions  under  these  rules,  the  case  shall  be 
placed  on  the  trial  calendar.  Thereafter  no 
further  testimony  by  deposition  shall  be  taken  ex- 
cept for  some  strong  reason  shown  by  affidavit. 
In  every  such  application  the  reason  why  the  testi- 
mony of  the  witness  can  not  be  had  orally  on  the 
trial,  and  why  his  deposition  has  not  been  before 
taken  shall  be  set  forth,  together  with  the  testi- 
mony which  it  is  expected  the  witness  will  give. 

Rule   57. 

CONTINUANCES. 

After  a  cause  shall  be  placed  on  the  trial  calen- 
dar it  may  be  passed  over  to  another  day  of  the 
same  term  by  consent  of  counsel  or  order  of  the 
court,  but  shall  not  be  continued  beyond  the  term 
save  in  exceptional  cases  by  order  of  the  court 
upon  good  cause  shown  by  affidavit  and  upon  such 
terms  as  the  court  shall  in  its  discretion  impose. 
Continuances  beyond  the  term  by  consent  of  the 
parties  shall  be  allowed  on  condition  only  that  a 
stipulation  be  signed  by  counsel  for  all  the  parties 
and  that  all  costs  incurred  theretofore  be  paid. 
Thereupon  an  order  shall  be  entered  dropping  the 
case  from  the  trial  calendar,  subject  to  reinstate- 
ment within  one  year  upon  application  to  the  court 


RULES   OF   PRACTICE   FOR   COURTS   OF   EQUITY.  51 

by  either  party,  in  which  event  it  shall  be  heard 
at  the  earliest  convenient  day.  If  not  so  rein- 
stated within  the  year,  the  suit  shall  be  dismissed 
without  prejudice  to  a  new  one. 

Rnle   68. 

DISCO\TEY — INTERROGATORIES — INSPECTION  AND  PRO- 
DUCTION. OF  DOCUMENTS — AD^NIISSION  OF  EXECUTION 
OR  GENUINENESS. 

The  plaintiff  at  any  time  after  filing  the  bill  and 
not  later  than  21  days  after  the  joinder  of  issue,  and 
the  defendant  at  any  time  after  filing  his  answer  and 
not  later  than  21  days  after  the  joinder  of  issue,  and 
either  party  at  any  time  thereafter  by  leave  of  the 
court  or  judge,  may  file  interrogatories  in  writing 
for  the  discovery  by  the  opposite  party  or  parties  of 
facts  and  documents  material  to  the  support  or 
defense  of  the  cause,  with  a  note  at  the  foot 
thereof  stating  which  of  the  interrogatories  each 
of  the  parties  is  required  to  answer.  But  no  party 
shall  file  more  than  one  set  of  interrogatories  to 
the  same  party  without  leave  of  the  court  or  judge. 

If  any  party  to  the  cause  is  a  public  or  private 
corporation,  any  opposite  party  may  apply  to  the 
court  or  judge  for  an  order  allowing  him  to  file 
interrogatories  to  be  answered  by  any  officer  of 
the  corporation,  and  an  order  may  be  made  ac- 
cordingly for  the  examination  of  such  officer  as 
may  appear  to  be  proper  upon  such  interroga- 
tories as  the  court  or  judge  shall  think  fit. 


52  RULES   or   PRACTICE    FOR   COURTS   OF   EQUITY. 

Copies  shall  be  filed  for  the  use  of  the  interro- 
gated party  and  shall  be  sent  by  the  clerk  to  the 
respective  solicitors  of  record,  or  to  the  last  known 
address  of  the  opposite  party  if  there  be  no  record 
solicitor. 

Interrogatories  shall  be  answered  and  the  an- 
swers filed  in  the  clerk's  office  within  15  days 
after  they  have  been  served,  unless  the  time  be  en- 
larged by  the  court  or  judge.  Each  interrogatory 
shall  be  answered  separately  and  fully  and  the  an- 
swers shall  be  in  writing,  under  oath,  and  signed 
by  the  party  or  corporate  officer  interrogated. 
Within  10  days  after  the  service  of  interroga- 
tories, objections  to  them,  or  any  of  them,  may  be 
presented  to  the  court  or  judge,  with  proof  of  no- 
tice of  the  purpose  so  to  do,  and  answers  shall  be 
deferred  until  the  objections  are  determined,  which 
shall  be  at  as  early  a  time  as  is  practicable.  In 
so  far  as  the  objections  are  sustained,  answers 
shall  not  be  required. 

The  court  or  judge,  upon  motion  -and  reasonable 
notice,  may  make  all  such  orders  as  may  be  appro- 
priate to  enforce  answers  to  interrogatories  or  to 
effect  the  inspection  or  production  of  documents 
in  the  possession  of  either  party  and  containing 
evidence  material  to  the  cause  of  action  or  defense 
of  his  adversary.  Any  party  failing  or  refusing  to 
comply  with  such  an  order  shall  be  liable  to  at- 
tachment, and  shall  also  be  liable,  if  a  plaintiff,  to 
have  his  bill  dismissed,  and,  if  a  defendant,  to 


RULES   OF   PRACTICE   FOR   COTJRTS    OF   EQUITY. 


53 


liave  his  answer  stricken  out  and  be  placed  in  the 
same  situation  as  if  he  had  failed  to  answer. 

By  a  demand  served  10  days  before  the  trial, 
either  party  may  call  on  the  other  to  admit  in 
writing  the  execution  or  genuineness  of  any  docu- 
ment, letter,  or  other  writing,  saving  all  just  ex- 
ceptions; and  if  such  admission  be  not  made 
within  five  days  after  such  service,  the  costs  of 
proving  the  docmnent,  letter,  or  writing  shall  be 
paid  by  the  party  refusing  or  neglecting  to  make 
such  admission,  unless  at  the  trial  the  court  shall 
find  that  the  refusal  or  neglect  was  reasonable. 


EEFEREXCE  TO  MASTER — EXCEPTIOXAL,   NOT  USUAL. 

Save  in  matters  of  account,  a  reference  to  a 
master  shall  be  the  exception,  not  the  rule,  and 
shall  be  made  only  upon  a  showing  that  some  ex- 
ceptional condition  requires  it.  When  such  a  ref- 
erence is  made,  the  party  at  whose  instance  or  for 
whose  benefit  it  is  made  shall  cause  the  order  of 
reference  to  be  presented  to  the  master  for  a  hear- 
ing within  20  days  succeeding  the  time  when 
the  reference  was  made,  imless  a  longer  time  be 
sjaecially  granted  by  the  court  or  judge;  if  he 
shall  omit  to  do  so,  the  adverse  party  shall  be  at 
liberty  forthwith  to  cause  proceedings  to  be  had 
before  the  master,  at  the  costs  of  the  party  pro- 
curing- the  reference. 


54  RULES   or    PRACTICE    FOR    COURTS    OF   EQUITY. 

Rule    CO. 

PROCEEDINGS   BEFORE    MASTER. 

Upon  every  such  reference,  it  shall  be  the  duty 
of  the  master,  as  soon  as  he  reasonably  can  after 
the  same  is  brought  before  him,  to  assign  a  time 
and  place  for  proceedings  in  the  same,  and  to 
give  due  notice  thereof  to  each  of  the  parties,  or 
their  solicitors;  and  if  either  party  shall  fail  to 
appear  at  the  time  and  place  appointed,  the 
master  shall  be  at  liberty  to  proceed  ex  parte,  or, 
in  his  discretion,  to  adjourn  the  examination  and 
proceedings  to  a  future  day,  giving  notice  to  the 
absent  party  or  his  solicitor  of  such  adjourn- 
ment; and  it  shall  be  the  duty  of  the  master  to 
proceed  with  all  reasonable  diligence  in  every 
such  reference,  and  with  the  least  practicable  de- 
lay, and  either  party  shall  be  at  liberty  to  apply 
to  the  court,  or  a  judge  thereof,  for  an  order  to 
the  master  to  speed  the  proceedings  and  to  make 
his  report,  and  to  certify  to  the  court  or  judge  the 
reason  for  any  delay. 

Rule   61. 

MASTER^S  REPORT--DOCLTMENTS   IDENTIFIED   BUT    NOT 
SET  FORTH. 

In  the  reports  made  by  the  master  to  the  court, 
no  part  of  any  state  of  facts,  account,  charge,  affi- 
davit, deposition,  examination,  or  answer  brought 
in  or  used  before  him  shall  be  stated  or  recited. 
But  such  state  of  facts,  account,  charge,  affidavit. 


RtXES   OF   PRACTICE   FOR   COURTS   OF   EQUITY.  55 

deposition,  examination,  or  answer  shall  be  iden- 
tified and  referred  to,  so  as  to  inform  the  court 
what  state  of  facts,  account,  charge,  affidavit,  de- 
position, examination^,  or  answer  were  so  brought 
in  or  used. 

Rnle    62. 

POWERS  OF  MASTER. 

The  master  shall  regulate  all  the  proceedings  in 
every  hearing  before  him,  ui}on  every  reference; 
and  he  shall  have  full  authority  to  examine  the 
parties  in  the  cause,  upon  oath,  touching  all  mat- 
ters contained  in  the  reference ;  and  also  to  require 
the  production  of  all  books,  papers,  writings, 
vouchers,  and  other  documents  applicable  thereto ; 
and  also  to  examine  on  oath,  viva  voce,  all  wit- 
nesses produced  by  the  parties  before  him,  or  by 
deposition,  according  to  the  acts  of  Congress,  or 
otherwise,  as  here  provided ;  and  also  to  direct  the 
mode  in  which  the  matters  requiring  evidence 
shall  be  proved  before  him;  and  generally  to  do 
all  other  acts,  and  direct  all  other  inquiries  and 
proceedings  in  the  matters  before  him,  which  he 
may  deem  necessarj^  and  proper  to  the  justice  and 
merits  thereof  and  the  rights  of  the  parties. 


FORM    OF   ACCOUNTS   BEFORE    :\IASTER. 

All  parties  accounting  before  a  master  shall 
bring  in  their  respective  accounts  in  the  form  of 
debtor  and  creditor;  and  any  of  the  other  parties 


56       RULES  OF  PRACTICE  FOR  COURTS  OF  EQUITY. 

who  shall  not  be  satisfied  with  the  account  so 
brought  in  shall  be  at  liberty  to  examine  the  ac- 
counting party  viva  voce,  or  upon  interrogatories, 
as  the  master  shall  direct. 


FORMER  DEPOSITIONS,  ETC.,  MAY  BE  USED  BEFORE 
MASTER. 

All  affidavits,  depositions,  and  documents  which 
have  been  previously  made,  read,  or  used  in  the 
court  upon  any  proceeding  in  any  cause  or  matter 
may  be  used  before  the  master. 


CLAIMANTS   BEFORE    IM ASTER   EXAMINABLE   BY   HIM. 

The  master  shall  be  at  liberty  to  examine  any 
creditor  or  other  person  coming  in  to  claim  before 
him,  either  upon  written  interrogatories  or  viva 
voce,  or  in  both  modes,  as  the  nature  of  the  case 
may  appear  to  him  to  require.  The  evidence  upon 
such  examinations  shall  be  taken  dovm  by  the 
master,  or  by  some  other  person  by  his  order  and 
in  his  presence,  if  either  party  requires  it,  in  order 
that  the  same  may  be  used  by  the  court  if  neces- 
sary. 

Rale   66. 

RETURN    OF    MASTER'S    REPORT — EXCEPTIONS — 
HEARING. 

^     The  master,  as  soon  as  his  report  is  ready,  shall 
return  the  same  into  the  clerk's  office,  and  the  day 


RULES   OF   PRACTICE   FOR   COURTS   OF   EQUITY.  57 

of  the  return  shall  be  entered  by  the  clerk  in  the 
equity  docket.  The  parties  shall  have  20  days 
from  the  time  of  the  filing  of  the  report  to  file 
exceptions  thereto,  and  if  no  exceptions  are  within 
that  period  filed  by  either  party,  the  report  shall 
stand  confirmed.  If  exceptions  are  filed,  they 
shall  stand  for  hearing  before  the  court,  if  then  in 
session,  or,  if  not,  at  the  next  sitting  held  there- 
after, by  adjournment  or  otherwise. 

Rule    G7. 


In  order  to  prevent  exceptions  to  reports  from 
being  filed  for  frivolous  causes,  or  for  mere  delay, 
the  party  whose  exceptions  are  overruled  shall,  for 
every  exception  overruled,  pay  $5  costs  to  the  other 
party,  and  for  every  exception  allowed  shall  be  en- 
titled to  the  same  costs. 


APPOIXTMEXT   AXD   COMPENSATION   OF   MASTERS. 

The  district  courts  may  appoint  standing  mas- 
ters in  chancery  in  their  respective  districts  (a 
majority  of  all  the  judges  thereof  concurring  in 
the  appointment),  and  they  may  also  appoint  a 
master  pro  hac  vice  in  any  particular  case.  The 
comi3ensation  to  be  allowed  to  every  master  shall 
be  fixed  by  the  district  court,  in  its  discretion, 
having  regard  to  all  the  circumstances  thereof, 
and  the  compensation  shall  be  charged  upon  and 


58       RULES  OF  PRACTICE  FOR  COURTS  OF  EQUITY. 

borne  by  such  of  the  parties  in  the  cause  as  the 
court  shall  direct.  The  master  shall  not  retain 
his  report  as  security  for  his  compensation;  but 
when  the  compensation  is  allowed  by  the  court  he 
shall  be  entitled  to  an  attachment  for  the  amount 
against  the  party  who  is  ordered  to  pay  the  same, 
if,  upon  notice  thereof,  he  does  not  pay  it  within 
the  time  prescribed  by  the  court. 

Rnle    69. 

PETITION  FOR  REHEARING. 

Every  petition  for  a  rehearing  shall  contain 
the  special  matter  or  cause  on  which  such  rehear- 
ing is  applied  for,  shall  be  signed  by  counsel,  and 
the  facts  therein  stated,  if  .not  apparent  on  the 
record,  shall  be  verified  by  the  oath  of  the  party  or 
by  some  other  person.  No  rehearing  shall  be 
granted  after  the  term  at  which  the  final  decree 
of  the  court  shall  have  been  entered  and  recorded, 
if  an  appeal  lies  to  the  circuit  court  of  appeals  or 
the  Supreme  Court.  But  if  no  appeal  lies,  the 
petition  may  be  admitted  at  any  time  before  the 
end  of  the  next  term  of  the  court,  in  the  discretion 
of  the  court. 


SUITS  BY  OR  AGAINST  INCOMPETENTS. 

Guardians  ad  litem  to  defend  a  suit  may  be 
appointed  by  the  court,  or  by  any  judge  thereof, 


RULES   OF    PRACTICE    FOR   COURTS   OF   EQUITY.  59 

for  infants  or  other  persons  who  are  under  guar- 
dianship or  otherwise  incapable  of  suing  for  them- 
selves. All  infants  and  other  persons  so  incapable 
may  sue  by  their  guardians,  if  any,  or  by  their 
prochein  ami;  subject,  however,  to  such  orders  as 
the  court  or  judge  may  direct  for  the  protection 
of  infants  and  other  persons. 


FOR^r    OF    DECREE. 

In  drawing  up  decrees  and  orders  neither  the 
bill  nor  answer  nor  other  pleadings  nor  any  part 
thereof  nor  the  report  of  any  master  nor  any  other 
prior  proceeding  shall  be  recited  or  stated  in  the 
decree  or  order,  but  the  decree  and  order  shall 
begin,  in  substance,  as  follows:  ^'  This  cause  came 
on  to  be  heard  (or  to  be  further  heard,  as  the 
case  may  be)  at  this  term  and  was  argued  by 
counsel,  and  thereupon,  upon  consideration  there- 
of, it  was  ordered,  adjudged,  and  decreed  as  fol- 
lows, viz:  "    (Here  insert  the  decree  or  order.) 


CORRECTIOX    OF    CLERICAL    MISTAKES    IN    ORDERS    AND 
DECREES. 

Clerical  mistakes  in  decrees  or  decretal  orders, 
or  errors  arising  from  any  accidental  slip  or  omis- 
sion, may  at  any  time  before  the  close  of  the  term 
at  which  final  decree  is  rendered  be  corrected  b}^ 


60  RULES   OF   PRACTICE   FOR   COURTS   OF  EQUITY. 

order  of  the  court,  or  a  judge  thereof,  upon  peti- 
tion, without  the  form  or  expense  of  a  rehearing. 


PRELIMINAEY  INJUNCTION.S  AND  TEMPOEARY  RE- 
STRAINING ORDERS. 

No  preliminary  injunction  shall  be  granted  with- 
out notice  to  the  opposite  party.  Nor  shall  any 
temporary  restraining  order  be  granted  without 
notice  to  the  opposite  party  unless  it  shall  clearly 
appear  from  specific  facts,  shown  by  affidavit  or 
by  the  verified  bill,  that  immediate  and  irreparable 
loss  or  damage  will  result  to  the  applicant  before 
the  matter  can  be  heard  on  notice.  In  case  a  tem- 
porary restraining  order  shall  be  granted  mthout 
notice,  in  the  contingency  specified,  the  matter 
shall  be  made  returnable  at  the  earliest  possible 
time,  and  in  no  event  later  than  10  days  from  the 
date  of  the  order,  and  shall  take  precedence  of  all 
matters  except  older  matters  of  the  same  charac- 
ter. When  the  matter  comes  up  for  hearing  the 
party  who  obtained  the  temporary  restraining  or- 
der shall  proceed  with  his  application  for  a  pre- 
liminary injunction,  and  if  he  does  not  do  so  the 
court  shall  dissolve  his  temporary  restraining  or- 
der. Upon  two  days'  notice  to  the  party  obtaining 
such  temporary  restraining  order  the  opposite 
party  may  appear  and  move  the  dissolution  or 
modification  of  the  order,  and  in  that  event  the 
court  or  judge  shall  proceed  to  hear  and  determine 


RULES   OF   PRACTICE   FOR   COURTS   OF   EQUITY.  61 

the  motion  as  expeditiously  as  the  ends  of  justice 
may  require.  Every  temporary  restraining  order 
shall  be  forthwith  filed  in  the  clerk's  office. 


INJUNCTION  pp:nding  appeal. 

When  an  appeal  from  a  final  decree  in  an  equity 
suit  granting  or  dissolving  an  injunction  is  al- 
lowed by  a  justice  or  a  judge  who  took  part  in 
the  decision  of  the  cause  he  may,  in  his  discretion, 
at  the  time  of  such  allowance  make  an  order  sus- 
pending, modifying,  or  restoring  the  injunctioia 
during  the  pendency  of  the  appeal  upon  such 
tenns  as  to  bond  or  otherwise  as  he  may  considei* 
proper  for  the  security  of  the  rights  of  the  oppo- 
site party. 

Rule    75. 

RECORD    ON    APPEAL — REDUCTION    AND    PREPARATION. 

In  case  of  appeal : 

(a)  It  shall  be  the  duty  of  the  appellant  or  his 
solicitor  to  file  with  the  clerk  of  the  court  from 
which  the  appeal  is  prosecuted,  together  with 
proof  or  acknowledg-ment  of  service  of  a  copy  on 
the  appellee  or  his  solicitor,  a  praecipe  which  shall 
indicate  the  portions  of  the  record  to  be  incorpo- 
rated into  the  transcript  on  such  appeal.  Should 
the  appellee  or  his  solicitor  desire  additional  por- 
tions of  the  record  incorporated  into  the  tran- 
script, he  shall  file  with  the  clerk  of  the  court  his 


62  RULES    OF    PRACTICE    FOR    COURTS    OF    EQUITY. 

praecipe  also  within  10  days  thereafter,  unless  the 
time  shall  be  enlarged  by  the  court  or  a  judge 
thereof,  indicating  such  additional  portions  of  the 
record  desired  b}^  him. 

(b)  The  evidence  to  be  included  in  the  record 
shall  not  be  set  forth  in  full,  but  shall  be  stated  in 
simple  and  condensed  form,  all  parts  not  essential 
to  the  decision  of  the  questions  presented  by  the 
appeal  being  omitted  and  the  testimony  of  wit- 
nesses being  stated  only  in  narrative  form,  save 
that  if  either  party  desires  it,  and  the  court  or 
judge  so  directs,  any  part  of  the  testimony  shall 
be  reproduced  in  the  exact  words  of  the  witness. 
The  duty  of  so  condensing  and  stating  the  evi- 
dence shall  rest  primarily  on  the  appellant,  who 
shall  prepare  his  statement  thereof  and  lodge  the 
same  in  the  clerk's  office  for  the  examination  of 
the  other  parties  at  or  before  the  time  of  filing  his 
pr£ecipe  under  paragraph  (a)  of  this  rule.  Tie 
shall  also  notify  the  other  parties  or  their  solici- 
tors of  such  lodgment  and  shall  name  a  time  and 
place  when  he  will  ask  the  court  or  judge  to  ap- 
prove the  statement,  the  time  so  named  to  be  at 
least  10  days  after  such  notice.  At  the  expira- 
tion of  the  time  named  or  such  further  time  as  the 
court  or  judge  may  allow,  the  statement,  together 
with  any  objections  made  or  amendments  pro- 
posed by  any  party,  shall  be  presented  to  the  court 
or  the  judge,  and  if  the  statement  be  true,  com- 
plete, and  properly  prepared,  it  shall  be  approved 


RULES   OF    PRACTICE   FOR   COURTS   OF   EQUITY.  63 

by  the  court  or  judge,  and  if  it  be  not  true,  com- 
plete, or  properly  prepared,  it  shall  be  made  so 
under  the  direction  of  the  court  or  judge  and  shall 
then  be  approved.  When  approved  it  shall  be 
filed  in  the  clerk's  office  and  become  a  part  of  the 
record  for  the  purposes  of  the  appeal. 

(c)  If  any  difference  arise  between  the  parties 
concerning  directions  as  to  the  general  contents  of 
the  record  to  be  prepared  on  the  appeal,  such  dif- 
ference shall  be  submitted  to  the  court  or  judge  in 
conformity  with  the  provisions  of  paragraph  (h) 
of  this  rule  and  shall  be  covered  by  the  directions 
which  the  court  or  judge  may  give  on  the  subject. 


RECORD   ON   APPEAL — REDUCTION   AND  PREPARATION — 
COSTS — CORRECTldN  OF  OMISSIONS. 

In  preparing  the  transcript  on  an  appeal  especial 
care  shall  be  taken  to  avoid  the  inclusion  of  more 
than  one  copy  of  the*  same  paper  and  to  exclude 
the  formal  and  immaterial  parts  of  all  exhibits, 
documents,  and  other  papers  included  therein; 
and  for  any  infraction  of  this  or  any  kindred  rule 
the  appellate  court  may  withhold  or  impose  costs 
as  the  circumstances  of  the  case  and  the  discour- 
agement of  like  infractions  in  the  future  may  re- 
quire. Costs  for  such  an  infraction  may  be  im- 
posed upon  offending  solicitors  as  well  as  parties. 

If  in  the  transcript  anything  material  to  either 
party  be  omitted  by  accident  or  error,  the  appellate 

32406°— 18 8 


64  RULES    OF    PRACTICE   FOR   COURTS    OF   EQUITY. 

court,  on  a  proper  suggestion  or  its  own  motion, 
may  direct  that  the  omission  be  corrected  by  a  sup- 
plemental transcript. 

Rule   77. 

EECORD  ON  APPEAL — AGREED  STATEMENT. 

When  the  questions  presented  by  an  appeal  can 
be  determined  by  the  appellate  court  \vithout  an 
examination  of  all  the  pleadings  and  evidence,  the 
parties,  with  the  approval  of  the  district  court  or 
the  judge  thereof,  may  prepare  and  sign  a  state- 
ment of  the  case  showing  how  the  questions  arose 
and  were  decided  in  the  district  court  and  setting 
forth  so  much  only  of  the  facts  alleged  and  proved, 
or  sought  to  be  proved,  as  is  essential  to  a  decision 
of  such  questions  by  the  appellate  court.  Such 
statement,  when  filed  in  the  office  of  the  clerk  of 
the  district  court,  shall  be  treated  as  superseding, 
for  the  purposes  of  the  appeal,  all  parts  of  the 
record  other  than  the  decree  from  which  the  ap- 
peal is  taken,  and,  together  with  such  decree,  shall 
be  copied  and  certified  to  the  appellate  court  as  the 
record  on  appeal. 


AFFIRMATION  IN   LIEU   OF   OATH. 

Whenever  under  these  rules  an  oath  is  or  may 
be  required  to  be  taken,  the  party  may,  if  con- 
scientiously scrupulous  of  taking  an  oath,  in  lieu 


RULES   OF   PRACTICE    FOR   COURTS   OF   EQUITY.  65 

thereof  make  solemn  affirmation  to  the  truth  of  the 
facts  stated  by  him. 

Role    79. 

ADDITIONAL  RULES  BY   DISTRICT   COURT. 

With  the  concurrence  of  a  majority  of  the  cir- 
cuit judges  for  the  circuit,  the  district  courts  may 
make  any  other  and  further  rules  and  regulations 
for  the  practice,  proceedings,  and  process,  mesne 
and  final,  in  their  respective  districts  not  incon- 
sistent with  the  rules  hereby  prescribed,  and  from 
time  to  time  alter  and  amend  the  same. 


COMPUTATION  OF  TIME — SUNDAYS  AND  HOLIDAYS. 

When  the  time  prescribed  by  these  rules  for  do- 
ing any  act  expires  on  a  Sunday  or  legal  holiday, 
such  time  shall  extend  to  and  include  the  next 
succeeding  day  that  is  not  a  Sunday  or  legal 
holiday. 


THESE  RULES  EFFECTRT:  FEBRUARY  1,  1913 — OLD 
RULES  ABROGATED.  - 

These  rules  shall  be  in  force  on  and  after  Feb- 
ruary 1,  1913,  and  shall  govern  all  proceedings  in 
cases  then  pending  or  thereafter  brought,  save  that 
where  in  any  then  pending  cause  an  order  has 


66  RUT^ES   OF    PRACTICE   FOR   COURTS    OF   EQUITY. 

been  made  or  act  done  which  can  not  be  changed 
without  doing  substantial  injustice  the  court  may 
give  effect  to  such  order  or  act  to  the  extent  neces- 
sary to  avoid  any  such  injustice. 

All  rules  heretofore  prescribed  by  the  Supreme 
Court,  regulating  the  practice  in  suits  in  equity, 
shall  be  abrogated  when  these  rules  take  effect. 


RULES  OF  PRACTICE 

OF  THE 

COURTS  OF  THE  UNITED  STATES 
IN  ADMIRALTY  AND  MARI- 
TIME JURISDICTION 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1918 


INDEX  TO  ADMIRALTY  RULES. 


Rule.     Page. 

Admiralty,  provisions  for  amendment  of  libels  in 24  22 

where  third  party  is  permitted  to  intervene  in 

suits  in  rem 34  2G 

how  stipulations  in,  are  to  be  given  and  taken . .          35  27 

when  libellant  deemed  in  default 39  28 

Adverse  proprietors 20  20 

Affirmance,  proWsions  as  to  affirmance  in  suits  in  rem 26  23 

Affirmation  (see  also  Oath) 26-32,   23,  25, 

33-37,  26. 27 

Agent,  pro\'ision3  as  to  verification  of  claim  by  agent,  in  suits 

in  rem 26  23 

Amendments,  provisions  for,  in  informations  and  libels  in 
causes   of   admiralty  and 

maritime  jurisdiction 24         22 

amendment  of  libel  where  an- 
swer alleges  new  facts 51  33 

Answer  of  defendant  to  all  libels  in  civdl  and  maritime  causes, 

contents  of ,  etc 27  23 

exceptions  to 28  24 

effect  of  defendant  omitting  or  refusing  to  answer 

libel  on  return  day,  etc 29  24 

provisions  for  attachment  when  answer  is  not  filed, 

or  exceptions  taken  thereto 30  25 

where  answer  would  expose  defendant 
to    prosecution    or    punishment    for 

crime,  etc 31  25 

as  to  right  of  defendant  to  require  per- 
sonal answer  of  libellant,  upon  oath, 
to  interrogatories  at  close  of  answer; 
proceedings  on  default  of  due  answer. .  32  25 

when   oath   or  affirmation   of  either  libellant  or 
defendant  to  answer  an  interrogatory  may  be 

di.'^pensed  with 33  26 

to  what  exceptions  to  answer  may  be  taken 36  27 

Answer  by  garnishee,  in  cases  of  foreign  attachment,  pro- 
visions respecting 37  27 

not  to  be  verified  where  amount  in  dispute  does 

not  exceed  $50 48         31 

3 


•4  INDEX   TO  ADMIRALTY   RULES. 

Rule.       Page. 

Appeal,  how  stipulations  on,  are  to  be  given 35  27 

from  district  to  circuit  courts,   how,   when,   and 

within  what  time  made 45  30 

further  proof,  how  taken  in  a  ciiruit  court  upon 

an  admiralty  appeal 49  32 

further  proof,  when  taken,  to  be  used  in  evidence 

on 50  33 

provisions  as  to  what  shall  be  contained  in,  and 
what  shall  be  omitted  from  records  on  appeal 

from  district  to  circuit  courts 52  34 

Arrests,  pro\dsion8  as  to  bills,  etc.,  where  simple  warrant 

of  arrest  issues  in  suits  in  personam 3  14 

amount  for  which  warrant  of  arrest  in  suits  in 

personam  may  issue 7  15 

warrant  of  arrest  of  ship,  etc.,  in  suits  in  rem,  when, 

how,  and  by  whom  issued  and  served 9  17 

provisions  for  sale  of  perishable  articles  arrested. . .  10  17 

proceediags  when  ship  is  arrested  in  suits  in  rem. . .  11  17 

of  ship  in  petitory  and  possessory  suits,  provisions 

for 20  20 

provisions  as  to  bail  in  certain  cases,  in  suits  m 

personam 47  31 

Assault  on  the  high  seas,  suits  for,  how  brought 16  19 

Attachment  in  suits  in  personam  where  goods,  chattels,  etc., 

are  attached 4  14 

provisions  for  attachment  against  defendant  to 

compel  further  answer  to  libel,  etc 30  25 

may  issue  to  compel  answer  by  libellant  to 

interrogatories  in  defendant's  answer 32  25 

against  party  having  possession  of  freight  or 
other  proceeds  of  property  attached  in  pro- 
ceedings in  rem 38  28 

Bail,  provisions  as  to  bail  where  a  simple  warrant  of  arrest 

issues  in  suits  in  personam 3  14 

in  suits  in  personam,  when  and  how  reduced 6  14 

when  and  how  new  sureties  may  be  required 6  14 

to  be  taken  in  suits  w  personam 47  31 

Beating IG  19 

Bonds  in  cases  of  arrest  in  suits  in  persona77i 3  14 

when  goods,  chatt^s,  etc.,  are  attached  in  suits  in 

personam 4  14 

provisions  as  to  bonds  to  be  given  on  dissolving  at- 
tachment in  suits  2n  persona?n 4  14 

Bonds,  how,  when,  and  before  whom  given  and  taken 5  15 

in  suits  in  personam,  when  and  how  bail  is  reduced.  6  15 

when  and  how  new  sureties  may  be  required  on 6  15 

Bottomry  bonds,  suits  on,  how  prosecuted 18  19 


INDEX   TO   ADMIR.\LTY   RULES. 


Claimant,  provisions  as  to  stipulation  by  claimant  of  prop-      Rule.      Page. 

erty  in  suits  m  re?« 4  14 

in  suits  in  rem,  how  party  claiming  property 

shall  verify  claim 26  23 

Claims,  how  proof  of  claims  are  made  under  the  limited 

liability  act 55  38 

Clerks,  provisions  as  to  what  clerks  of  district  coiu'ts  shall 

put  in  records  on  appeals  to  circuit  court 52  34 

Collision,  suits  for  collision,  how  prosecuted 15  18 

provisions  as  to  proceedings  by  claimant  of  vessel, 
or  respondent  proceeded  against  in  personam, 
against  any  other  vessel  contributing  to  same 

collision 59  40 

Commissioners,  pro\dsions  as  to  reference  to,  and  powers  of 

same 44  30 

Commissions,  when  to  issue  to  take  answer  of  defendant 

in  certain  cases 33  26 

provisions  for  issuing  a  commission  to  take 
further  proof  in  a  circuit  court  on  an  ad- 
miralty appeal 49         32 

Consignee,  provisions  as  to  verification  of  claim  by  con- 
signee, in  suits  in  rem 26  23 

Costs,  to  be  paid  by  defendant  on  opening  default  in  an- 
swering   29  24 

in  case  of  intervention  respecting  proceeds  of  sale  in 
registry  of  court  where  claim  is  deserted  or  dis- 
missed   43  30 

Crime,  defendant  may  object  by  answer  to  answer  allega- 
tion that  would  expose  him  to  prosecution  and  punish- 
ment for  crime,  etc 31  25 

Cross  libel,  general  provisions  as  to  same 53  36 

Decree,  provisions  for  writ  of  execution  on  final  decree  for 

payment  of  money 21  20 

Default,  provisions  as  to  default  if  defendant  omit  or  refuse 

to  answer  the  libel  in  time 29  24 

When  and  how  default  may  be  set  aside 29  24 

Dismissal  of  libel  on  default  of  due  answer  by 

lil)ellant  to  interrogatories  in  answer 32  25 

Libellant  in  admiralty  suits,  when  deemed  in  de- 
fault   39  28 

When  decree  rendered  against  defendant  by  de- 
fault may  he  reopened 40  29 

Depositions,  provisions  for  taking  further  proof  in  a  circuit 
court  on  an  admiralty  appeal 

by  deposition 49  32 

either  party  taking  further  evi- 
dence of  same  witnessea,  etc. .  50         33 


6 


INDEX   TO   ADMIRALTY   RULES. 


Dismissal  of  libel  on  default  of  due  answer  by  libellant  to  in-      Rule-      Pago- 

terrogatories  in  answer 32         25 

when  libel  may  1)e  dismissed  on  default  of  libel- 
lant   39         28 

Evidence,  oral  evidence  in  nature  of  further  proof  in  a  circuit 

court  on  an  admiralty  appeal,  how  taken 49,  50    32,  33 

Exceptions,  ans\ver,  provisions  as  to 28  24 

provisions  for    attachment  against  defendant 
where  libel  is  not  filed  and  exceptions  taken 

thereto 30         25 

to  libel,  allegation,  or  answer,  to  what  they  may 

betaken 36  27 

Execution,  when  summary  execution  to  issue  when  bond  or 
stipulation  is  given  where  a  simple  warrant  of 

arrest  in  suits  m  personam 3  14 

when  summary  execution  to  issue  when  l)ond  or 
stipulation  la  given  on  an  attachment  being 

dissolved  in  suits  m  personam 4  14 

nature  of,  in  cases  of  final  decree  for  pajmaent  of 

money 21  20 

Fieri  facias  {see  Execution) 21  20 

Foreign  port,  suits  for  moneys  taken  up  in  foreign  port  for 

supplies,  repairs,  etc . ,  how  brought 17  19 

Forfeiture  (see  Crime) 31  25 

Freight,  proceedings  against  ship  and  freight  in  rem  by  ma- 
terial men 12  18 

proceedings  against  ship  and  freight  in  rem  for  mar- 
iners '  wages 13  18 

suits  against  ship  and  freight,  how  brought,  when 
founded  upon  a  mere  maritime  hypothecation 
of  moneys  in  a  foreign  port  for  supplies,  repairs, 

etc 17  19 

provision^  where  freight  or  other  proceeds  attached 
in  suits  in  rem  are  in  the  hands  or  possession  of  any 

party 38  28 

Further  proof,  how  taken  in  a  circuit  court  upon  an  admi- 
ralty appeal 49  32 

when  taken,  to  be  used  in  evidence  on  ap- 
peal   50  33 

Garnishee,  provisions  as  to  same  on  foreign  attachment 37         27 

Impertinence,  provisions  for  exceptions  to 36  27 

Imprisonment  for  debt  on  process  from  admiralty  court 

abolished  in  certain  cases 47  31 

Informations,  contents  of  informations  and  libels  of  informa- 
tion upon  seizures  for  any  breach  of  the 
revenue  or  navigation  or  other  laws  of  the 

United  States 22  20 

provisions  as  to  amendment  of 24  22 


INDEX   TO   AD^^RALTY   RULES.  Y 

Rule.        Tago. 

Interrogatories  at  clase  of  libel,  how  answered 27  23 

Intervenore,  how  third  party  is  permitted  to  intervene 34  2G 

Btipiilations  given  by,  are  to  be  given  and 

taken 35  27 

proceedings  by  intervener  respecting  claim  for 

delivery  to  him  of  proceeds 43  30 

Irrelevancy,  provisions  for  exceptions  to  libel,  etc.,  for 36  27 

Libel  to  be  filed  before  mesne  process  issues 1  13 

contents  to  libel  and  informations  upon  seizures  or 
any  breach  of  the  revenue,  na\'igation,  or 

other  laws  of  the  United  States 22  20 

of,  in  instance  causes  similar  to  maritime. . .  23  21 

provisions  for  amendment  of  information  in  causes  of 

admiralty  and  maritime  jurisdiction . .  24  22 

stipulation  by  defendant  with  sureties 

in  case  oihhel  in  personam 25  22 

contents  of  answer  to  allegations  in  libel 27  23 

when  same  may  be  taken  pro  confcsso 29  24 

of  oath  or  affirmation  of  either  libellant  or  defend- 
ant to  an  answer  to  an  interrogatory  may  be 

dispensed  with 33  26 

to  what  exceptions  to  libel  may  be  taken . . ; 36  27 

when  and  how  libel  maj--  be  granted  where  answer 

alleges  new  facts 51  33 

where  filed,  contents  thereof,  and  proceed- 
ings on  filing  same  imder  limited  liability 

act ".     54-57     36,39 

provisions  as  to  proceedings  by  claimant  of  vessel  or 
respondent  proceeded  against  in  personam  against 

any  other  vessel  contributing  to  same  collision 59  40 

Libellant  may  be  required  by  defendant  to  make  personal 
answer  upon  oath  to  interrogatories  in  answer; 

proceedings  on  default  of  due  answer 32  25 

in  admiralty  suits,  when  deemed  in  default 39  28 

Limited  liability,  ndes  as  to  proceedings  under  the  limited 

liability  act 54-58    36,40 

rules  to  apply  to  the  circuit  courts  where 
cases  are  pending  on  appeal  from  dis- 
trict courts 58  40 

Mariners'  wages,  suits  for  same,  how  prosecuted 13  18 

attachment  in  suits  for,  against  party  hav- 
ing possession  of  freight  or  other  proceeds 
of  property  attached  in  proceedings  in 

rem 38  28 

Maritime  causes,  contents  of  libel  in  instances  causes 23  21 

proAasions  for  amendment  of  libels  in 24  22 

contents  of  answer  in  cii'cuit  court  in 27  23 

where  third  party  is  permitted  to  inter- 
vene in  suits  in  rem  in 34         26 


b  INDEX   TO   ADMIRALTY   RULES. 

Rule.       Page. 
Maritime  causes,  how  stipulations  in,  are  to  be  given  and 

taken 35  27 

when  libellant  deemed  in  default 39         28 

hypothecation,  suits  founded  upon,  how 

brought 17  19 

Marshal  to  serve  process 1  13 

take  bail  on  a  simple  warrant  of  arrest  in  suits  in 

personam 3  14 

serve  waiTant  of  an-est  against  ship,  etc.,  in  suits 

in  rem 9  16 

levy  execution  in  cases  of  final  decree  for  pay- 
ment of  money 21  20 

make  sales  of  property  under  decree,  etc 41  29 

when  to  take  bail  in  suits  iii  personam 47  31 

Master,  proceedings  against,  for  mariners'  wages 13  18 

suits  for  damages  by  collision  against 15  18 

upon  a  mere  maritime  hj'pothecation  of  master 
in  foreign  port  for  moneys  taken  up  for  sup- 
plies, etc.,  how  prosecuted 17  19 

Material  men,  how  they  may  proceed 12  18 

Mesne  process  {see  Process) 1-2  13 

Monition,  when  to  issue  to  third  person  in  suits  in  rem 8  16 

provision  for  in  petitory  and  possessory  suits 20  20 

Navigation,  contents  of  informations  and  libels  of  informa- 
tion upon  seizures  for  any  breach  of  the  revenue,  naviga- 
tion, or  other  laws  of  the  United  States 22  20 

Necessaries,  suits  founded  on  hj^othecation  by  master  for 
moneys  taken  up  in  foreign  port  for  supplies,  repairs,  etc., 

how  prosecuted 17  19 

Oath,  when  oath  or  aflBrmation  either  of  libellant  or  de- 
fendant, to  an  answer  to  an  interrogatory  may  be 

dispensed  with 33  26 

provisions  as  to  oaths  and  suits  w  rem 20  23 

Oath  or  affirmation  of  libellant  required   to  interrogato- 
ries at  close  of  defendant's  answer.  32  25 
garnishee    to    answer    in    cases    of 
foreign      attachment,      provisions 

respecting 37  27 

to  answer  not  necessary,  where 
amount  in  dispute  does  not  ex- 
ceed $50 48  31 

Objection  may  be  taken  by  defendant  by  answer  to  an- 
swer an  allegation  which  would  expose  him  to  punish- 
ment for  crime,  etc 31  25 

Part  owners,  nature  of  process  in  petitory'   and  possessor}'- 

suits  between  them 20         20 

Penal  offense.     {See  Crime.) 
Penalty.     {See  Crime.) 


INDEX   TO   ADMIKALTi-   RULES.  V 

Rule.       Page. 

Perishable  property.     ProvLsiona  for  sale  of 18  19 

Petitions,   when,  where,  and  how  filed  under  the  limited 

liability  act,  and  provisions  thereunder 54-57    36,39 

Petitory  suits,  nature  of  process  in 20         20 

Pilotage,  suits  for,  how  prosecuted 14  18 

Possessory  suits,  nature  of  process  in 20  20 

Practice,  pro\Tsion3  for,  when  not  provided  for  by  these 

rules 46  31 

Proceeds  of  property  sold  under  decree,   disposition  of..  41  29 

disposition    of   moneys    resulting    from    proceeds 

of  sale  after  payment  into  court 42  29 

proceedings  by  intervenor  respecting  claim   for 

deliver}' to  him  of 43  30 

Process,  when  mesne  process  to  issue  from  district  court..  1  13 

by  whom  served 1  13 

in  what  mesne  process  consists  in  suits  in  personam  2  13 

nature  of,  and  how  and  by  whom  served  in  suits  in 

rem 9  16 

process  in  petitory  and  possessory  suits 
between  part  owners  and  adverse  pro- 
prietors   20  20 

effect  of  defendant  omitting  or  refusing  to  answer 

libel  on  return  day  of  process,  etc 29  24 

provisions    for    compulsory   process    in   personam, 
against  garnishee  in  cases  of  foreign  attachment.  37  27 

Proof  of  claims  {see  Claims) 55  38 

Records  on  appeals  from  district  to  circuit  courts,   what 

to  contain  and  what  not  to  contain 52  34 

Reference,  provisions  as  to  reference  by  court  to  commis- 
sioners   43  30 

Registry  of  court,  proceeds  of  sale  of  property  under  decree 

to  be  paid  into 41  29 

disposition  of  moneys  after  they  have  so 

been  paid  into 42  29 

proceedings  by  intervenor  respecting 
claim  for  delivery  to  him  of  proceeds 

in,  etc 43  30 

Rehearing,  provisions  as  to  same  when  decree  has  been  en- 
tered against  defendant,  by  default 40  29 

Repairs,  suits  founded  on  hypothecation  by  master  for 
moneys  taken  up  in  foreign  port  for  supplies,  rei)airs,  etc., 

how  prosecuted 17  19 

Return-day,   effect  of  defendant  omitting  or  refusing  to 

answer  libel  on  return-day,  etc 29  24 

Return  of  arrest 9  16 

Revenue,  contents  of  informations  and  libels  of  information 
upon  seiziu-es  for  any  breach  of  the  revenue,  navigation, 
or  other  laws  of  the  United  States 22  20 


10  INDEX   TO   ADMIRALTY   RULES. 

Rule.       Page. 

Sale  of  perishable  articles,  etc. ,  provisions  for 10  17 

proceedings  as  to  sale  of  ship  when  arrested  in  suits 

in  rem 11  18 

of  property ;  by  whom  made,  and  disposition  of  proceeds         41  29 

disposition  of  moneys  resulting  from  proceeds  of  sale, 

after  payment  into  court 42         29 

Salvage,  suits  for,  how  prosecuted 19  19 

attachment    against    party    having    possession    of 
freight  or  other  proceeds  of  property  attached  in 

proceedings  in  rem  in  salvage  cases 38  28 

Scandal,  proAdsions  for  exceptions  to,  in  libel,  etc 36         27 

Security,  provisions  for,  in  petitory  and  possessory  suits 20         20 

as  to  security  to  be  given  by  respondent 

in  cross  libel 53         36 

Seizures,  contents  of  informations  and  libels  of  information 
upon  seizures  for  any  breach  of  the  revenue,  navigation, 

or  other  laws  of  the  United  States 22  20 

Service  of  warrant  of  arrest  against  ship,  etc.,  in  suits  in  rem, 

how  and  by  whom  made 9 

Ship,  proceedings  when  ship  is  arrested  in  suits  in  rem 11 

against,  in  rem  by  material  men 12 

for  mariners '  wages 13 

suits  for  pilotage  against 14 

collision  against 15 

against,  how  brought  when  founded  on  a  mere 
maritime  hyothecation    of  master  for  moneys 

in  a  foreign  port  for  supplies,  repairs,  etc 17  19 

arrest  of,  in  petitory  and  possessory  suits,  provisions 

for 20  20 

Stipulation.     (See  also  Bonds.) 

by  defendant  in  case  of  libel  in  personam,  pro- 
visions for 25  22 

provisions    as    to   stipulation   by   claimant   of 

property  in  suits  in  revi 26  23 

to  be  given  by  intervenor  in  suits  in  rem;  pro- 
visions respecting  same 34  26 

when  given  by  intervenor,  or  appeal,  or  on 
appeal,  or  on  anj;-  other  maritime  or  ad- 
miralty proceedings,  how  to  be  given 35  27 

Suits  in  personam,  nature  of  process  in 2  13 

provisions  for  taking  bail  where  a 
simple  warrant  of  arrest  issues,  and 
proceedings  are  to  be  taken  on  the 

bond  or  stipulation  given 3  14 

dissolving  attachment  in  suite  in  per- 
sonam    4  14 

when  and  how  bail  may  be  reduced ...  6  15 

new  sureties  may  be  required  on  bail 
bond 6  15 


INDEX   TO   ADMIRALTY    RVLES. 


11 


Suite  in  personam,  amount  for  which  warrant  of  arrest  may      Rule.      Page. 

issue 7  15 

Bxiits  for  pilotage,  against  whom  brought  14  18 

against  master  or  owner  for  damages  by 

coHieion,  how  prosecuted 15  18 

Buita  for  a-^sault  or  beating  on  the  high 

seas  m  p<Tsona?n  only 16  19 

how  brought  when  founded  upon  a  mere 
maritime  hypothecation  of  master  for 
moneys  in  a  foreign  port  for  supplies, 

repairs,  etc 17  19 

pro\dfiions  in  suits  on  bottomry  bonds. .  18  19 

suits  for  salvage,  how  prosecuted 19  20 

provisions  for  stipulation  on  part  of  the 

defendant's  sureties 25  22 

when  bail  is   to  be   taken   by   marshal 

where  simple  warrant  of  arrest  issues.  47  31 
imprisonment  for  debt  aboli^jhed  in  cer- 
tain cases 47  31 

answer  not  to  be  verified  where  amount 

in  dispute  does  not  exceed  $50 48  31 

provisions  as  to  proceedings  by  claimant 

of    vessel    or    respondent    proceeded 

against  in  personam  against  any  other 

vessel  contributing  to  same  collision..  59  40 

Suite  in  rem,  proceedings  when  tackle,  sails,  apparel,  etc., 

are  in  possession  or  custody  of  third  person..  8  16 

nature  of  process,  and  how  served,  and  by 

whom 9  16 

proceedings  when  ship  is  arrested  in  suits  in 

rem 11  17 

in  suits  agaiost  master  or  owner, 

by  material  men 12  18 

for  mariner 's  wages 13  18 

against  ship,  etc. ,  for  pilotage 14  18 

for  damages  by  collision,  how  prosecuted 15  18 

how  V)rought  when  founded  \ipon  a  mere  mar- 
itime hypothecation  of  moneys  in  a  foreign 

port  for  supplies,  repairs,  etc 17  19 

provisions  for  suits  on  bottomry  bonds 18  19 

for  salvage,  how  prosecuted 19  20 

how    party    claiming    property    shall    verify 

claim 26  23 

third  party  is  permitted  to  intervene 34  26 

provisions  where  freight  or  other  proceeds  at- 
tached are  in  the  hands  or  possession  of  any 

party 38  28 

answer  not  to  be  verified  where  amount  in  dis- 
pute does  not  exceed  $50 48         31 


12  INDEX   TO   ADMIRALTY   KULES. 

Rule.        Page. 
Supplies,  suits  founded  on  hypothecation  of  master  for  mon- 
eys taken  up  in  foreign  port  for  supplies,  etc.,  ho\r  prose- 
cuted   17  19 

Sureties,  provisions  for  stipulation  by  defendant  with  sure- 
ties in  case  of  libel  I'/i  persojiam 25  22 

on  a  stipulation  to  be  given  l)y  intervenor  in  suits 

in  rem 34  26 

Surplusage,  pro^dsions  for  exceptions  to  libel,  etc.,  for 36  27 

Time  for  taking  appeal  from  district  to  circuit  courts 45  30 

rehearing  after  decree  entered  against  defendant 

for  default 40  29 

amending  libel  where  answer  alleges  new  facts. . .  51  33 
United  States,  contents  of  informations  and  liliels  of  infor- 
mation upon  seizures  for  any  breach  of  the  revenue,  navi- 
gation, or  other  kws  of  the  United  States 22         20 

Wages  {see  Mariner's  wages) 13-38    18,  28 

Warrant  (see  Arrest  and  attachment ) 7-9     15, 16 

Writ  of  execution  {see  Execution) 3^-21    14, 

15,20 


RULES  OF  PRACTICE  FOR  THE  COURTS  OF  THE 
UNITED  STATES  IN  ADiVVIRALTY  AND  MARI- 
TIME JURISDICTION 

0\  THE  IXSTAXCE  SIDE  OF  THE  COrRT,  IX  PITRSUAXCE  OF  THE 
ACT   OF    AUGUST   23,    1842,    CHAPTER    ISS,   5    STAT.,    51«. 


No  mesne  process  shall  issue  from  the  district 
courts  in  any  civil  cause  of  admiralty  and  mari- 
time jurisdiction  until  the  libel,  or  libel  of  informa- 
tion, shall  be  filed  in  the  clerk's  office  from  which 
such  process  is  to  issue.  All  process  shall  be 
served  by  the  marshal  or  by  his  deputy,  or,  where 
he  or  they  are  interested,  by  some  discreet  and 
disinterested  person  appointed  by  the  court. 

2. 

In  suits  in  personam,  the  mesne  process  may  be 
by  a  simple  warrant  of  arrest  of  the  person  of  the 
defendant,  in  the  nature  of  a  capias,  or  a  warrant 
of  arrest  of  the  person  of  the  defendant,  with  a 
clause  therein,  that  if  he  can  not  be  found,  to 
attach  his  goods  and  chattels  to  the  amount  sued 
for;  or  if  such  property  can  not  be  found,  to 
attach  his  credits  and  effects  to  the  amount  sued 
for  in  the  hands  of  the  garnishees  named  therein ; 
or  by  a  simple  monition,  in  the  nature  of  a  summons 

32406°— 18 9  13 


14 


RULES   OF   PRACTICE   IX    ADMIRALTY. 


to  appear  and  answer  to  the  suit,  as  the  libellant 
shall,  in  his  libel  or  information,  pray  for  or  el'ect. 


In  all  suits  in  personam,  where  a  simple  warrant 
of  arrest  issues  and  is  executed,  the  marshal  may 
take  bail,  with  sufficient  sureties,  from  the  party 
arrested,  by  bond  or  stipulation,  upon  condition 
that  he  will  appear  in  the  suit  and  abide  by  all 
orders  of  the  court,  interlocutory  or  final,  in  the 
cause,  and  pay  the  money  awarded  by  the  final 
decree  rendered  therein  in  the  court  to  which  the 
process  is  returnable,  or  in  any  appellate  court. 
And  upon  such  bond  or  stipulation  summary  proc- 
ess of  execution  may  and  shall  be  issued  against 
the  principal  and  sureties  by  the  court  to  which 
such  process  is  returnable,  to  enforce  the  final  de- 
cree so  rendered,  or  upon  appeal  by  the  appellate 
court. 

4. 

In  all  suits  in  personmn,  where  goods  and  chat- 
tels, or  credits  and  effects  are  attached  under  such 
warrant  authorizing  the  same,  the  attachment  may 
be  dissolved  by  order  of  the  court  to  which  the 
same  warrant  is  returnable,  upon  the  defendant 
whose  property  is  so  attached  giving  a  bond  or 
stipulation,  with  sufficient  sureties,  to  abide  by  all 
orders,  interlocutory  or  final,  of  the  court,  and  pay 
the  amount  awarded  by  the  final  decree  rendered 
in  the  court  to  which  the  process  is  returnable,  or 


RULES   OF   PRACTICE   IN    ADMIRALTY. 


15 


in  any  appellate  court;  and  upon  such  bond  or 
stipulation  summary  process  of  execution  shall  and 
may  be  issued  against  the  principal  and  sureties 
by  the  court  to  which  such  warrant  is  returnable, 
to  enforce  the  final  decree  so  rendered,  or  upon 
appeal  by  the  appellate  court. 


Bonds  or  stipulations  in  admiralty  suits  may  be 
given  and  taken  in  open  court,  or  at  chambers,  or 
before  any  conunissioner  of  the  court  who  is  au- 
thorized by  the  court  to  take  affidavits  of  bail  and 
depositions  in  cases  pending  before  the  court,  or 
any  commissioner  of  the  United  States  authorized 
by  law  to  take  bail  and  affidavits  in  civil  cases. 


In  all  suits  in  personam,  where  bail  is  taken,  the 
court  may,  upon  motion,  for  due  cause  shown,  re- 
duce the  amount  of  the  sum  contained  in  the  bond 
or  stipulation  therefor;  and  in  all  cases  where  a 
bond  or  stipulation  is  taken  as  bail,  or  upon  dis- 
solving an  attachment  of  property  as  aforesaid,  if 
either  of  the  sureties  shall  become  insolvent  pend- 
ing the  suit,  new  sureties  may  be  required  by  the 
order  of  the  court,  to  be  given,  upon  motion,  and 
due  proof  thereof. 

7. 

In  suits  in  personam,  no  warrant  of  arrest, 
either  of  the  person  or  property  of  the  defendant, 


16  RULES   OF   PRACTICE   IN    ADMIRALTY. 

shall  issue  for  a  sum  exceeding  five  hundred  dol- 
lars, unless  by  the  special  order  of  the  court,  upon 
affidavit  or  other  proper  proof  showing  the  pro- 
priety thereof. 

In  all  suits  in  rem  against  a  ship,  her  tackle, 
sails,  apparel,  furniture,  boats,  or  other  appur- 
tenances, if  such  taclde,  sails,  apparel,  furniture, 
boats,  or  other  appurtenances  are  in  the  possession 
or  custody  of  any  third  person,  the  court  may, 
after  a  due  monition  to  such  third  person,  and  a 
hearing  of  the  cause,  if  any,  why  the  same  should 
not  be  delivered  over,  award  and  decree  that  the 
same  be  delivered  into  the  custody  of  the  marshal 
or  other  proper  officer,  if,  upon  the  hearing,  the 
same  is  required  by  law  and  justice. 


In  all  cases  of  seizure,  and  in  other  suits  and 
jiroceedings  in  rem,  the  process,  unless  otherwise 
provided  for  by  statute,  shall  be  by  a  warrant  of 
arrest  of  the  ship,  goods,  or  other  thing  to  be 
arrested;  and  the  marshal  shall  thereupon  arrest 
and  take  the  ship,  goods,  or  other  thing  into  his 
possession  for  safe  custody,  and  shall  cause  public 
notice  thereof  and  of  the  time  assigned  for  the 
return  of  such  process  and  the  hearing  of  the 
cause,  to  be  given  in  such  newspaper  within  the 
district  as  the  district  court  shall  order;  and  if 
there  is  no  newspaper  published  therein,  then  in 


RULES   OF   PRACTICE   IN    ADMIRALTY 


17 


such  other  public  places  in  the  district  as  the  court 
shall  direct. 

10. 

In  all  cases  where  any  goods  or  other  things 
are  arrested,  if  the  same  are  perishable,  or  are 
liable  to  deterioration,  decay,  or  injury  by  being 
detained  in  custody,  pending  the  suit,  the  court 
may,  upon  the  application  of  either  party,  in  its 
discretion,  order  the  same  or  so  much  thereof  to 
be  sold  as  shall  be  perishable  or  liable  to  deprecia- 
tion, decay,  or  injury;  and  the  proceeds,  or  so 
much  thereof  as  shall  be  a  full  security  to  satisfy 
in  decree  to  be  brought  into  court  to  abide  the 
event  of  the  suit;  or  the  court  may,  upon  the  ap- 
plication of  the  claimant,  order  a  delivery  thereof 
to  him  upon  a  due  appraisement,  to  be  had  under 
its  direction  either  upon  the  claimant's  depositing 
in  court  so  much  money  as  the  court  shall  order, 
or  upon  his  giving  a  stipulation,  with  sureties,  in 
such  sum  as  the  court  shall  direct,  to  abide  by  and 
pay  the  money  awarded  by  the  final  decree  ren- 
dered by  the  court  or  the  appellate  court,  if  any 
appeal  intervenes  as  the  one  or  the  other  course 
shall  be  ordered  by  the  court. 


In  like  manner,  where  any  ship  shall  be  arrested, 
the  same  may,  upon  the  application  of  the  claim- 
ant, be  delivered  to  him  upon  a  due  appraisement, 
to  be  had  imder  the  direction  of  the  court,  upon 
the  claimant's  depositing  in  court  so  much  money 


18  RULES   OF   PRACTICE   IN    ADMIRALTY. 

as  the  court  shall  order,  or  upon  his  giving  a 
stipulation,  with  sureties  as  aforesaid;  and  if 
the  claimant  shall  decline  any  such  application, 
then  the  court  may,  in  its  discretion,  u^Don  the  ap- 
plication of  either  party,  upon  due  cause  shown, 
order  a  sale  of  such  shij),  and  the  proceeds  thereof 
to  be  brought  into  court  or  otherwise  disposed  of, 
as  it  may  deem  most  for  the  benefit  of  all  con- 
cerned. 

12. 

In  all  suits  by  material  men  for  supplies  or  re- 
pairs, or  other  necessaries,  the  libellant  may  pro- 
ceed against  the  ship  and  freight  in  rem,  or 
against  the  master  or  owner  alone  in  personam. 


In  all  suits  for  mariners '  wages,  the  libellant  may 
proceed  against  the  ship,  freight,  and  master,  or 
against  the  ship  and  freight,  or  against  the  owner 
or  the  master  alone  in  personam. 


In  all  suits  for  pilotage  the  libellant  may  pro- 
ceed against  the  ship  and  master,  or  against  the 
ship,  or  against  the  owner  alone  or  the  master 
alone  in  personam. 

15. 

In  all  suits  for  damage  by  collision,  the  libellant 
may  proceed  against  the  ship  and  master,  or 
against  the  ship  alone,  or  against  the  master  or 
the  owner  alone  in  personam. 


RULES   OF   PRACTICE    IX    ADMIRALTY 


19 


In  all  suits  for  an  assault  or  beating  on  the  high 
seas,  or  elsewhere  within  the  admiralty  and  mari- 
time jurisdiction,  the  suit  shall  be  in  personam 
only. 

17. 

In  all  suits  against  the  ship  or  freight,  founded 
upon  a  mere  maritime  hypothecation,  either  ex- 
press or  implied,  of  the  master,  for  moneys  taken 
up  in  a  foreign  port  for  supplies  or  repairs  or 
other  necessaries  for  the  voyage,  without  any 
claim  of  marine  interest,  the  libellant  may  proceed 
either  in  rem  or  against  the  master  or  the  owner 
alone  in  personann. 

18. 

In  all  suits  on  bottomry  bonds,  properly  so 
called,  the  suit  shall  be  in  rem  only  against  the 
property  hypothecated,  or  the  proceeds  of  the 
property,  in  whosesoever  hands  the  same  may  be 
found,  unless  the  master  has,  without  authority, 
given  the  bottomry  bond,  or  by  his  fraud  or  mis- 
conduct has  avoided  the  same,  or  has  subtracted 
the  property,  or  unless  the  owner  has,  by  his  own 
misconduct  or  wrong,  lost  or  subtracted  the  prop- 
erty, in  which  latter  cases  the  suit  may  be  in 
personam  against  the  wrongdoer. 

19. 

In  all  suits  for  salvage,  the  suit  may  be  in  rem 
against  the  property  saved,  or  the  proceeds  there- 
of, or  in  personam  against  the  party  at  whose 


20  RULES   OF   PRACTICE   IN    ADMIRALTY. 

request  and  for  whose  benefit  the  salvage  service 
has  been  performed. 

20. 

In  all  petitory  and  possessory  suits  between  part 
owners  or  adverse  proprietors,  or  by  the  o^viaers 
of  a  ship  or  the  majority  thereof,  against  the 
master  of  a  ship,  for  the  ascertainment  of  the 
title  and  delivery  of  the  possession,  or  for  the 
possession  only,  or  by  one  or  more  part  owners 
against  the  others  to  obtain  security  for  the  re- 
turn of  the  ship  from  any  voyage  undertaken 
without  their  consent,  or  by  one  or  more  part  own- 
ers against  the  others  to  obtain  possession  of  the 
ship  for  any  voyage,  upon  giving  security  for  the 
safe  return  thereof,  the  process  shall  be  by  an 
arrest  of  the  ship,  and  by  a  monition  to  the  ad- 
verse party  or  parties  to  appear  and  make  answer 
to  the  suit. 

21. 

In  all  cases  of  a  final  decree  for  the  payment  of 
money,  the  libellant  shall  have  a  writ  of  execution, 
in  the  nature  of  a  fieri  facias,  commanding  the 
marshal  or  his  deputy  to  levy  and  collect  the 
amount  thereof  out  of  the  goods  and  chattels, 
lands  and  tenements,  or  other  real  estate,  of  the 
defendant  or  stipulators. 


All  informations  and  libels  of  information  upon 
seizures  for  any  breach  of  the  revenue,  or  naviga- 


RULES   OF   PRACTICE   IN    ADMIUALTY.  21 

tion,  or  other  laws  of  the  United  States,  shall 
state  the  place  of  seizure,  whether  it  be  on  land 
or  on  the  high  seas,  or  on  navigable  waters  within 
the  admiralty  and  maritime  jurisdiction  of  the 
United  States,  and  the  district  ^^ithin  which  the 
property  is  brought  and  where  it  then  is.  The 
information  or  libel  of  information  shall  also  pro- 
pound in  distinct  articles  the  matters  relied  on  as 
grounds  or  causes  of  forfeiture,  and  aver  the  same 
to  be  contrary  to  the  form  of  the  statute  or  statutes 
of  the  United  States  in  such  case  provided,  as 
the  case  may  require,  and  shall  conclude  with  a 
prayer  of  due  process  to  enforce  the  forfeiture, 
and  to  give  notice  to  all  persons  concerned  in  in- 
terest to  appear  and  show  cause  at  the  return- 
day  of  the  process  why  the  forfeiture  should  not 
be  decreed. 


All  libels  in  instance  causes,  ci\il  or  maritime, 
shall  state  the  nature  of  the  cause ;  as,  for  example, 
that  it  is  a  cause,  civil  and  maritime,  of  contract, 
or  of  tort  or  damage,  or  of  salvage,  or  of  posses- 
sion, or  otherwise,  as  the  case  may  be ;  and,  if  the 
libel  be  in  rem,  that  the  property  is  within  the  dis- 
trict; and,  if  in  personam,  the  names  and  occupa- 
tions and  places  of  residence  of  the  parties.  The 
libel  shall  also  propound  and  articulate  in  distinct 
articles  the  various  allegations  of  fact  upon  which 
the  libellant  relies  in  support  of  his  suit,  so  that 
the  defendant  may  be  enabled  to  answer  distinctly 


22  RULES    OF    PRACTICE    IX    ADMIRALTY. 

and  separately  the  several  matters  contained  in 
each  article ;  and  it  shall  conclude  with  a  prayer  of 
due  process  to  enforce  his  rights,  in  rem  or  in 
personam  (as  the  case  may  require),  and  for  such 
relief  and  redress  as  the  court  is  competent  to  give 
in  the  premises.  And  the  libellant  may  further  re- 
quire the  defendant  to  answer  on  oath  all  interro- 
gatories propounded  by  him  touching  all  and 
singular  the  allegations  in  the  libel  at  the  close  or 
conclusion  thereof. 

34. 

In  all  informations  and  libels  in  causes  of  ad- 
miralty and  maritime  jurisdiction,  amendments  in 
matters  of  form  may  be  made  at  any  time,  on  mo- 
tion to  the  court,  as  of  course.  And  new  counts 
may  be  filed,  and  amendments  in  matters  of  sub- 
stance may  be  made,  upon  motion,  at  any  time  be- 
fore the  final  decree,  upon  such  terms  as  the  court 
shall  impose.  And  where  any  defect  of  form  is 
set  down  by  the  defendant  upon  special  exceptions, 
and  is  allowed,  the  court  may,  in  granting  leave  to 
amend,  impose  terms  upon  the  libellant.    . 


In  all  cases  of  libels  in  personam,  the  court  may, 
in  its  discretion,  upon  the  appearance  of  the  de- 
fendant, where  no  bail  has  been  taken,  and  no  at- 
tachment of  property  has  been  made  to  answer  the 
exigency  of  the  suit,  require  the  defendant  to  give 
a  stipulation,  with  sureties,  in  such  sum  as  the 
court  shall  direct,  to  pay  all  costs  and  expenses 


RULES    OF    PRACTICE    IN    ADMIRALTY.  23 

whicli  shall  be  awarded  against  him  iu  the  suit, 
upon  the  final  adjudication  thereof,  or  by  any  in- 
terlocutory order  in  the  progress  of  the  suit. 


In  suits  in  rem,  the  party  claiming  the  property 
shall  verify  his  claim  on  oath  or  solemn  affirma- 
tion, stating  that  the  claimant  by  whom  or  on 
whose  behalf  the  claim  is  made  is  the  true  and 
hona  fide  owner,  and  that  no  other  person  is  the 
owner  thereof.  And,  where  the  claim  is  put  in  by 
an  agent  or  consignee,  he  shall  also  make  oath  that 
he  is  duly  authorized  thereto  by  the  owner;  or  if 
the  property'-  be  at  the  time  of  the  arrest  in  the 
possession  of  the  master  of  a  ship,  that  he  is  the 
lawful  bailee  thereof  for  the  owner.  And  upon 
putting  in  such  claim,  the  claimant  shall  file  a 
stipulation,  with  sureties,  in  such  sum  as  the  court 
shall  direct,  for  the  payment  of  all  costs  and  ex- 
penses which  shall  be  awarded  against  him  by  the 
final  decree  of  the  court,  or,  upon  an  ai^peal,  by 
the  appellate  court. 

27. 

In  all  libels  in  causes  of  civil  and  maritime  juris- 
diction, whether  in  rem  or  in  personam,  the  an- 
swer of  the  defendant  to  the  allegations  in  the 
libel  shall  be  on  oath  or  solemn  affinnation;  and 
the  answer  shall  be  full  and  explicit  and  distinct 
to  each  separate  article  and  separate  allegation  in 
the  libel,  in  the  same  order  as  numbered  in  the 


24 


RULES   OF   PRACTICE   IN    ADMIRALTY. 


libel,  and  shall  also  answer  in  like  manner  each  in- 
terrogatory propounded  at  the  close  of  the  libel/ 

38. 

The  libellant  may  except  to  the  sufficiency^  or 
fullness,  or  distinctness,  or  relevanc}^  of  the  an- 
swer to  the  articles  and  interrogatories  in  the  libel ; 
and  if  the  court  shall  adjudge  the  same  exceptions, 
or  any  of  them,  to  be  good  and  valid  the  court 
shall  order  the  defendant  forthwith,  within  such 
time  as  the  court  shall  direct,  to  answer  the  same, 
and  may  further  order  the  defendant  to  pay  such 
costs  as  the  court  shall  adjudge  reasonable. 


If  the  defendant  shall  omit  or  refuse  to  make 
due  answer  to  the  libel  upon  the  return  day  of 
the  process,  or  other  day  assigned  by  the  court,  the 
court  shall  pronounce  him  to  be  in  contumacy  and 
default ;  and  thereupon  the  libel  shall  be  adjudged 
to  be  taken  pro  confesso  against  him,  and  the 
court  shall  proceed  to  hear  the  cause  ex  parte, 
and  adjudge  therein  as  to  law  and  justice  shall 
appertain.  But  the  court  may,  in  its  discretion, 
set  aside  the  default,  and,  upon  the  application 
of  the  defendant,  admit  him  to  make  answer  to  the 
libel,  at  any  time  before  the  final  hearing  and 
decree,  upon  his  payment  of  all  the  costs  of  the 
suit  up  to  the  time  of  granting  leave  therefor. 

1  Vide  post,  49tb  rule,  page  — . 


RULES    OF    TRACTICn    TV    ADMIRALTY.  25 

30. 

In  all  cases  where  the  defendant  answers,  but 
does  not  answer  fully  and  explicitly  and  distinctly 
to  all  the  matters  in  any  article  of  the  libel,  and 
excei)tion  is  taken  thereto  by  the  libellant,  and  the 
excei^tion  is  allowed,  the  court  may,  by  attach- 
ment, compel  the  defendant  to  make  further  an- 
swer thereto,  or  may  direct  the  matter  of  the  ex- 
ception to  be  taken  pro  confesso  against  the  de- 
fendant, to  the  full  purport  and  eifect  of  the 
article  to  which  it  purports  to  answer,  and  as  if 
no  answer  had  been  put  in  thereto. 


The  defendant  may  object,  by  his  answer,  to 
answer  any  allegation  or  interrogatory  contained 
in  the  libel  which  will  expose  him  to  any  prosecu- 
tion or  punishment  for  crime,  or  for  any  penalty 
or  any  forfeiture  of  his  property  for  any  penal 
o:ffense. 

32. 

The  defendant  shall  have  a  right  to  require  the 
personal  answer  of  the  libellant  upon  oath  or 
solemn  affirmation  to  any  interrogatories  which 
he  may,  at  the  close  of  his  answer,  joropound  to 
the  libellant  touching  any  matters  charged  in  the 
libel,  or  touching  any  matter  of  defense  set  up  in 
the  answer,  subject  to  the  like  exception  as  to 
matters  which  shall  ex])ose  the  libellant  to  any 
prosecution,  or  i^unishment,  or  forfeiture,  as  is 
provided  in  the  thirty-fii'st  rule.     In  default  of 


26  RULES   OF   PRACTICE   IX    ADMIRALTY. 

due  answer  by  the  libellant  to  such  interrogatories 
the  court  may  adjudge  the  libellant  to  be  in  de- 
fault, and  dismiss  the  libel,  or  may  compel  his 
answer  in  the  premises,  by  attachment,  or  take  the 
subject  matter  of  the  interrogatory  pro  confesso 
in  favor  of  the  defendant,  as  the  court,  in  its  dis- 
cretion, shall  deem  most  fit  to  promote  public 
justice. 

33. 

Where  either  the  libellant  or  the  defendant  is 
out  of  the  country,  or  unable,  from  sickness  or 
other  casualty,  to  make  an  answer  to  any  inter- 
rogatory on  oath  or  solemn  affirmation  at  the 
proper  time,  the  court  may,  in  its  discretion,  in 
furtherance  of  the  due  administration  of  justice, 
dispense  therewith,  or  may  award  a  commission 
to  take  the  answer  of  the  defendant  when  and  as 
soon  as  it  may  be  practicable. 


If  any  third  person  shall  intervene  in  any  cause 
of  admiralty  and  maritime  jurisdiction  in  rem 
for  his  own  interest,  and  he  is  entitled,  according 
to  the  cause  of  admiralty  proceedings,  to  be  heard 
for  his  own  interest  therein,  he  shall  propound  the 
matter  in  suitable  allegations,  to  which,  if  ad- 
mitted by  the  court,  the  other  party  or  parties  in 
the  suit  may  be  required,  by  order  of  the  court,  to 
make  due  answer;  and  such  further  proceedings 
shall  be  had  and  decree  rendered  by  the  court 
therein  as  to  law  and  justice  shall  appertain.    But 


RrXES   OF   PRACTICK   IN    ADMIRALTY. 


27 


every  such  iutervenor  shall  be  required,  upon 
filing  his  allegations,  to  give  a  stipulation,  with 
sureties,  to  abide  by  the  final  decree  rendered  in 
the  cause,  and  to  pay  all  such  costs  and  expenses 
and  damages  as  shall  be  awarded  by  the  court 
upon  the  final  decree,  whether  it  is  rendered  in 
the  original  or  appellate  court. 


The  stipulations  required  by  the  last  preceding 
rule,  or  on  appeal,  or  in  any  other  admiralty  or 
maritime  proceeding,  shall  be  given  and  taken  in 
the  manner  prescribed  by  rule  fifth  as  amended. 


Exceptions  may  be  taken  to  any  libel,  allegation, 
or  answer  for  surplusage,  irrelevancy,  imperti- 
nence, or  scandal;  and  if,  upon  reference  to  a 
master,  the  exception  shall  be  reported  to  be  so 
objectionable,  and  allowed  by  the  court,  the  matter 
shall  be  expunged,  at  the  cost  and  expense  of  the 
party  in  whose  libel  or  answer  the  same  is  found. 


In  cases  of  foreign  attachment,  the  garnishee 
shall  be  required  to  answer  on  oath  or  solemn 
affirmation  as  to  the  debts,  credits,  or  e:ffects  of 
the  defendant  in  his  hands,  and  to  such  interroga- 
tories touching  the  same  as  may  be  propounded 
by  the  libellant;  and  if  he  shall  refuse  or  neglect 
so  to  do,  the  court  may  award  compulsory  process 
in  personam  against  him.    If  he  admits  any  debts. 


28  RULES   OF   PRACTICE   IN    ADMIRALTT. 

credits,  or  effects,  the  same  shall  be  held  in  his 
hands,  liable  to  answer  the  exigency  of  the  suit. 


In  cases  of  mariners'  wages,  or  bottomry,  or 
salvage,  or  other  proceeding  in  rem,  where  freight 
or  other  proceeds  of  property  are  attached  to 
or  are  bound  by  the  suit,  which  are  in  the  hands 
or  iDossession  of  any  person,  the  court  may,  upon 
due  application,  by  petition  of  the  party  inter- 
ested, require  the  party  charged  with  the  posses- 
sion thereof  to  appear  and  show  cause  why  the 
same  should  not  be  brought  into  court  to  answer 
the  exigency  of  the  suit ;  and  if  no  sufficient  cause 
be  shown,  the  court  may  order  the  same  to  be 
brought  into  court  to  answer  the  exigency  of  the 
suit,  and  upon  failure  of  the  party  to  com23ly  with 
the  order,  may  award  an  attachment,  or  other 
compulsive  process,  to  compel  obedience  thereto. 

39. 

If,  in  any  admiralty  suit,  the  libellant  shall  not 
appear  and  prosecute  his  suit,  according  to  the 
course  and  orders  of  the  court,  he  shall  be  deemed 
in  default  and  contumacy;  and  the  court  may, 
upon  the  application  of  the  defendant,  pronounce 
the  suit  to  be  deserted,  and  the  same  may  be  dis- 
missed with  costs. 

40. 

The  court  may,  in  its  discretion,  upon  the  mo- 
tion of  the  defendant  and  the  payment  of  costs. 


RULES   OF    PRACTICE   IN    ADMIRALTY. 


29 


rescind  the  decree  iu  any  suit  in  which,  on  account 
of  his  contumacy  and  default,  the  matter  of  the 
libel  shall  have  been  decreed  against  him,  and 
grant  a  rehearing  thereof  at  any  time  within  ten 
days  after  the  decree  has  been  entered,  the  de- 
fendant submitting  to  such  further  orders  and 
terms  in  the  premises  as  the  court  may  direct. 


All  sales  of  property  under  any  decree  of  ad- 
miralty shall  be  made  by  the  marshal  or  his 
deputy,  or  other  proper  officer  assigned  by  the 
court,  where  the  marshal  is  a  party  in  interest, 
in  pursuance  of  the  orders  of  the  court;  and  the 
proceeds  thereof,  when  sold,  shall  be  forthwith 
paid  into  the  registry  of  the  court  by  the  officer 
making  the  sale,  to  be  disposed  of  by  the  court 
according  to  law. 

42. 

All  moneys  paid  into  the  registry  of  the  court 
shall  be  deposited  in  some  bank  designated  by  the 
court,  and  shall  be  so  deposited  in  the  name  of  the 
court,  and  shall  not  be  drawn  out,  except  by  a 
check  or  checks  signed  by  a  judge  of  the  court  and 
countersigned  by  the  clerk,  stating  on  whose  ac- 
count and  for  whose  use  it  is  drawn,  and  in  what 
suit  and  out  of  what  fund  in  particular  it  is  paid. 
The  clerk  shall  keep  a  regular  book,  containing  a 
memorandum  and  copy  of  all  the  checks  so  drawn 
and  the  date  thereof. 

32406°— 18 10 


30  RULES   OF   PRACTICE   IX    ADMIRALTY. 

43. 

Any  person  having  an  interest  in  any  proceeds 
in  the  registry  of  the  court  shall  have  a  right,  by 
petition  and  summary  proceeding,  to  intervene 
pro  interesse  suo  for  delivery  thereof  to  him ;  and 
upon  due  notice  to  the  adverse  parties,  if  any,  the 
court  shall  and  may  proceed  summarily  to  hear 
and  decide  thereon,  and  to  decree  therein  accord- 
ing to  law  and  justice.  And  if  such  petition  or 
claim  shall  be  deserted,  or,  upon  a  hearing,  be  dis- 
missed, the  court  may,  in  its  discretion,  award 
costs  against  the  petitioner  in  favor  of  the  ad- 
verse party. 

44. 

In  cases  where  the  court  shall  deem  it  expedi- 
ent or  necessary  for  the  purposes  of  justice,  the 
court  may  refer  any  matters  arising  in  the  prog- 
ress of  the  suit  to  one  or  more  commissioners,  to 
be  appointed  by  the  court,  to  hear  the  parties  and 
make  report  therein.  And  such  commissioner  or 
commissioners  shall  have  and  possess  all  the  pow- 
ers in  the  premises  which  are  usually  given  to  or 
exercised  hy  masters  in  chancery  in  reference  to 
them,  including  the  power  to  administer  oaths  to 
and  to  examine  the  parties  and  witnesses  touching 
the  premises. 

46. 

All  appeals  from  the  district  to  the  circuit  court 
must  be  made  while  the  court  is  sitting,  or  within 
such  other  period  as  shall  be  designated  by  the 


RULES   OF    PRACTICE   IX    ADMIRALTY 


31 


district  court  by  its  general  rules,  or  by  an  order 
specially  made  in  the  particular  suit;  or  in  case 
no  such  rule  or  order  be  made,  then  within  thirty 
days  from  the  rendering  of  the  decree. 


In  all  cases  not  provided  for  by  the  foregoing 
rules,  the  district  and  circuit  courts  are  to  regu- 
late the  practice  of  the  said  courts  respectively,  in 
such  manner  as  they  shall  deem  most  expedient 
for  the  due  administration  of  justice  in  suits  in 
admiralty. 

4T. 

In  all  suits  in  personam,  where  a  simple  war- 
rant of  arrest  issues  and  is  executed,  bail  shall  be 
taken  by  the  marshal  and  the  court  in  those  cases 
only  in  which  it  is  required  by  the  laws  of  the 
State  where  an  arrest  is  made  upon  similar  or 
analogous  process  issuing  from  the  State  court. 

And  imprisonment  for  debt,  on  process  issuing 
out  of  the  admiralty  court,  is  abolished  in  all 
cases  where,  by  the  laws  of  the  State  in  which  the 
court  is  held,  imprisonment  for  debt  has  been,  or 
shall  be,  hereafter  abolished  upon  similar  or  anal- 
ogous process  issuing  from  a  State  court. 

48. 

The  twenty-seventh  rule  shall  not  apply  to  cases 
where  the  sum  or  value  in  dispute  does  not  exceed 
fifty  dollars,  exclusive  of  costs,  unless  the  district 
court  shall  be  of  opinion  that  the  proceedings  pre- 


32 


RULES   OF    PRACTICE   IN    ADMIRALTY. 


scribed  by  that  rule  are  necessary  for  the  purposes 
of  justice  in  the  case  before  the  court. 

All  rules  and  parts  of  rules  heretofore  adopted, 
inconsistent  with  this  order,  are  hereby  repealed 
and  annulled. 


Further  proof,  taken  in  a  circuit  court  upon 
an  admiralty  appeal,  shall  be  by  deposition,  taken 
before  some  commissioner  appointed  by  a  circuit 
court,  pursuant  to  the  acts  of  Congress  in  that 
behalf,  or  before  some  officer  authorized  to  take 
depositions  by  the  thirtieth  section  of  the  act  of 
Congress  of  the  24th  of  September,  1789,  upon  an 
oral  examination  and  cross-examination,  unless 
the  court  in  which  such  appeal  shall  be  pending,  or 
one  of  the  judges  thereof,  shall,  upon  motion, 
allow  a  commission  to  issue  to  take  such  deposi- 
tions upon  wi'itten  interrogatories  and  cross-inter- 
rogatories. When  such  deposition  shall  be  taken 
by  oral  examination,  a  notification  from  the  mag- 
istrate before  whom  it  is  to  be  taken,  or  from  the 
clerk  of  the  court  in  which  such  appeal  shall  be 
pending,  to  the  adverse  party,  to  be  present  at  the 
taking  of  the  same,  and  to  put  interrogatories,  if 
he  think  fit,  shall  be  served  on  the  adverse  party 
or  his  attorney,  allowing  time  for  their  attendance 
after  being  notified  not  less  than  twenty-four 
hours,  and,  in  addition  thereto,  one  day,  Sundays 
exclusive,  for  every  twenty  miles'  travel;  pro- 
vided, that  the  court  in  which  such  appeal  may  be 


RULES   OF   PRACTnCE   IN    ADMIRALTY. 


33 


pending,  or  either  of  the  judges  thiereof,  may, 
upon  motion,  increase  or  diminish  the  length  of 
notice  above  required. 

60. 

When  oral  evidence  shall  be  taken  down  by  the 
clerk  of  the  district  court,  pursuant  to  the  above- 
mentioned  section  of  the  act  of  Congress,  and 
shall  be  transmitted  to  the  circuit  court,  the  same 
may  be  used  in  evidence  on  the  appeal,  saving  to 
each  party  the  right  to  take  the  depositions  of  the 
same  witnesses,  or  either  of  them,  if  he  should  so 
elect. 

51. 

When  the  defendant,  in  his  answer,  alleges  new 
facts,  these  shall  be  considered  as  denied  by  the 
libellant,  and  no  replication,  general  or  special, 
shall  be  filed,  unless  allowed  or  directed  by  the 
court  on  proper  cause  shown.  But  within  such 
time  after  the  answer  is  filed  as  shall  be  fixed  by 
the  district  court,  either  by  general  rule  or  by 
special  order,  the  libellant  may  amend  his  libel  so 
as  to  confess  and  avoid,  or  explain  or  add  to,  the 
new  matters  set  forth  in  the  answer;  and  within 
such  time  as  may  be  fixed,  in  like  manner,  the 
defendant  shall  answer  such  amendments. 


The  clerks  of  the  district  courts  shall  make  up 
the  records  to  be  transmitted  to  the  circuit  courts 


34  RT7LES   OF   PRACTICE   IX    ADMIRALTY. 

on  appeals,  so  that  the  same  shall  contain  the  fol- 
lowing : 

1.  The  style  of  the  court. 

2.  The  names  of  the  parties,  setting  forth  the 
original  parties,  and  those  who  have  become  parties 
before  the  appeal,  if  any  change  has  taken  place. 

3.  If  bail  was  taken,  or  property  was  attached  or 
arrested,  the  process  of  the  arrest  or  attachment 
and  the  service  thereof;  all  bail  and  stipulations; 
and,  if  any  sale  has  been  made,  the  orders,  war- 
rants, and  reports  relating  thereto. 

4.  The  libel,  with  exhibits  annexed  thereto. 

5.  The  pleadings  of  the  defendant,  with  the  ex- 
hibits annexed  thereto. 

6.  The  testimony  on  the  part  of  the  libellant,  and 
any  exliibits  not  annexed  to  the  libel. 

7.  The  testimony  on  the  part  of  the  defendant, 
and  any  exhibits  not  annexed  to  his  pleadings. 

8.  Any  order  of  the  court  to  which  exception  was 
made. 

9.  Any  report  of  an  assessor  or  assessors,  if  ex- 
cepted to,  with  the  orders  of  the  court  respecting 
the  same,  and  the  exceptions  to  the  report.  If  the 
report  was  not  excepted  to,  only  the  fact  that  a  ref- 
erence was  made,  and  so  much  of  the  report  as 
shows  what  results  were  arrived  at  by  the  assessor, 
are  to  be  stated. 

10.  The  final  decree. 

11.  The  prayer  for  an  appeal,  and  the  action  of 
the  district  court  thereon;  and  no  reasons  of  ap- 
peal shall  be  filed  or  inserted  in  the  transcript. 


RULES   OF    PRACTICE   IN    ADMIRALTY.  35 

The  following  shall  be  omitted: 

1.  The  eoutiniiances. 

2.  All  motions,  rules,  and  orders  not  excepted  to 
which  are  merely  preparatory  for  trial. 

3.  The  conmiissions  to  take  depositions,  notices 
therefor,  their  captions,  and  certificates  of  their 
being  sw^orn  to,  unless  some  exception  to  a  deposi- 
tion in  the  district  court  was  founded  on  some  one  or 
more  of  these ;  in  which  case,  so  much  of  either  of 
them  as  may  be  involved  in  the  exception  shall 
be  set  out.  In  all  other  cases  it  shall  be  sufficient 
to  give  the  name  of  the  witness  and  to  copy  the 
interrogatories  and  answers,  and  to  state  the  name 
of  the  commissioner,  and  the  place  where  and  the 
date  when  the  deposition  was  sworn  to;  and,  in 
copying  all  depositions  taken  on  interrogatories, 
the  answer  shall  be  inserted  immediately  follow- 
ing the  question. 

The  clerk  of  the  district  court  shall  page  the 
copy  of  the  record  thus  made  up,  and  shall  make 
an  index  thereto,  and  he  shall  certify  the  entire 
document,  at  the  end  thereof,  under  the  seal  of 
the  court,  to  be  a  transcript  of  the  record  of  the 
district  court  in  the  cause  named  at  the  beginning 
of  the  copy  made  up  pursuant  to  this  rule;  and 
no  other  certificate  of  the  record  shall  be  needful 
or  inserted. 

Hereafter,  in  making  up  the  record  to  be 
transmitted  to  the  circuit  clerk  on  appeal,  the 
clerk  of  the  district  court  shall  omit  therefrom 


36  RULES   OF   PRACTICE   IN    ADMIRALTY. 

any  of  the  pleading,  testimony,  or  exhibits  which 
the  parties  by  their  proctors  shall  by  written 
stipulation  agree  may  be  omitted;  and  such  stipu- 
lation shall  be  certified  up  mth  the  record. 


Whenever  a  cross-libel  is  filed  upon  any  counter- 
claim, arising  out  of  the  same  cause  of  action  for 
which  the  original  libel  was  filed,  the  respondents 
in  the  cross-libel  shall  give  security  in  the  usual 
amount  and  form,  to  respond  in  damages,  as 
claimed  in  said  cross-libel,  unless  the  court,  on 
cause  shown,  shall  otherwise  direct;  and  all  pro- 
ceedings upon  the  original  libel  shall  be  stayed 
until  such  security  shall  be  given. 

54. 

When  any  ship  or  vessel  shall  be  libeled,  or  the 
owner  or  owners  thereof  shall  be  sued,  for  any  em- 
bezzlement, loss,  or  destruction  by  the  master,  offi- 
cers, mariners,  passengers,  or  any  other  person  or 
persons,  of  any  property,  goods,  or  merchandise 
shipped  or  put  on  board  of  such  ship  or  vessel,  or 
for  any  loss,  damage,  or  injury  by  collision,  or  for 
any  act,  matter,  or  thing,  loss,  damage,  or  for- 
feiture done,  occasioned,  or  incurred,  without  the 
privity  or  knowledge  of  such  owner  or  owTiers,  and 
he  or  they  shall  desire  to  claim  the  benefit  of  limi- 
tation of  liability  provided  for  in  the  third  and 
fourth  sections  of  the  act  of  March  3,  1851,  en- 
titled *'An  act  to  limit  the  liability  of  shipowners, 


RULES   OF   PRACTICE   IN    ADMIRALTY.  37 

and  for  other  purposes,"  now  embodied  in  sections 
4283  to  4285  of  the  Re^dsed  Statutes,  the  said 
owner  or  owners  shall  and  may  file  a  libel  or  peti- 
tion in  the  proper  district  court  of  the  United 
States,  as  hereinafter  specified,  setting  forth  the 
facts  and  circumstances  on  which  such  limitation  of 
liability  is  claimed,  and  praying  proper  relief  in 
that  behalf;  and  thereupon  said  court,  having 
caused  due  appraisement  to  be  had  of  the  amount 
or  value  of  the  interest  of  said  owner  or  owners,  re- 
spectively, in  such  ship  or  vessel,  and  her  freight, 
for  the  voyage,  shall  make  an  order  for  the  payment 
of  the  same  into  court,  or  for  the  giving  of  a  stipu- 
lation, with  sureties,  for  payment  thereof  into  court 
whenever  the  same  shall  be  ordered ;  or,  if  the  said 
owner  or  owTiers  shall  so  elect,  the  said  court  shall, 
without  such  appraisement,  make  an  order  for  the 
transfer  by  him  or  them  of  his  or  their  interest 
in  such  vessel  and  freight,  to  a  trustee  to  be  ap- 
pointed by  the  court  under  the  fourth  section  of 
said  act;  and,  upon  compliance  with  such  order, 
the  said  court  shall  issue  a  monition  against  all 
persons  claiming  damages  for  any  such  embezzle- 
ment, loss,  destruction,  damage,  or  injury,  citing 
them  to  appear  before  the  said  court  and  make 
due  proof  of  their  respective  claims  at  or  before 
a  certain  time  to  be  named  in  said  writ,  not  less 
than  three  months  from  the  issuing  of  the  same; 
and  public  notice  of  such  monition  shall  be  given 
as  in  other  cases,  and  such  further  notice  served 


38  RULES   OF   PRACTICE    IX    ADMIRALTY. 

through  the  past  office,  or  otherwise,  as  the  court, 
in  its  discretion  may  direct;  and  the  said  court 
shall  also,  on  the  aiDplication  of  the  said  owner  or 
owners,  make  an  order  to  restrain  the  further 
IDrosecution  of  all  and  any  suit  or  suits  against 
said  owner  or  owTiers  in  respect  of  any  such  claim 
or  claims. 


Proof  of  all  claims  which  shall  be  presented  in 
pursuance  of  said  monition  shall  be  made  before 
a  commissioner,  to  be  designated  by  the  court, 
subject  to  the  right  of  any  person  interested  to 
question  or  controvert  the  same;  and  upon  the 
completion  of  said  proofs,  the  commissioner  shall 
make  report  of  the  claims  so  proven,  and  upon 
confirmation  of  said  report,  after  hearing  any  ex- 
ceptions thereto,  the  moneys  paid  or  secured  to 
be  paid  into  court  as  aforesaid,  or  the  proceeds  of 
said  ship  or  vessel  and  freight  (after  payment  of 
costs  and  expense),  shall  be  divided  pro  rata 
amongst  the  several  claimants  in  proportion  to 
the  amount  of  their  respective  claims,  duly  proved 
and  confirmed  as  aforesaid,  saving,  however,  to  all 
parties  any  priority  to  which  they  may  be  legally 
entitled. 

56. 

In  the  proceedings  aforesaid,  the  said  owner  or 
owners  shall  be  at  liberty  to  contest  his  or  their 
liability,  or  the  liability  of  said  ship  or  vessel  for 


RULES   OF   PRACTICE   IN    ADMIRALTY, 


39 


said  embezzlement,  loss,  destruction,  damage,  or 
injury  (independently  of  the  limitation  of  liability 
claimed  under  said  act),  provided  that,  in  his  or 
their  libel  or  petition,  he  or  they  shall  state  the 
facts  and  circumstances  by  reason  of  which  exemp- 
tion from  liability  is  claimed;  and  any  person  or 
persons  claiming  damages  as  aforesaid,  and  who 
shall  have  presented  his  or  their  claim  to  the  com- 
missioner under  oath,  shall  and  may  answer  such 
libel  or  petition,  and  contest  the  right  of  the 
owner  or  o\^^lers  of  said  ship  or  vessel,  either  to 
an  exemption  from  liability,  or  to  a  limitation  of 
liability  under  the  said  act  of  Congress,  or  both. 


The  said  libel  or  petition  shall  be  filed  and  the 
said  proceedings  had  in  any  district  court  of  the 
United  States  in  which  said  ship  or  vessel  may  be 
libeled  to  answer  for  any  such  embezzlement,  loss, 
destruction,  damage,  or  injury;  or,  if  the  said 
ship  or  vessel  be  not  libeled,  then  in  the  district 
court  for  any  district  in  which  the  said  owner  or 
owners  may  be  sued  in  that  behalf.  When  the  said 
ship  or  vessel  has  not  been  libeled  to  answer  the 
matters  aforesaid,  and  suit  has  not  been  com- 
menced against  the  said  owTier  or  owners,  or  has 
been  commenced  in  a  district  other  than  that  in 
which  the  said  ship  or  vessel  may  be,  the  said  pro- 
ceedings may  be  had  in  the  district  coui-t  of  the 
district  in  which  the  said  ship  or  vessel  may  be, 
and  where  it  may  be  subject  to  the  control  of  such 


40 


RULES   OF   PRACTICE   IN    ADMIRALTY, 


court  for  the  purposes  of  the  case  as  hereinbefore 
provided.  If  the  ship  have  already  been  libeled 
and  sold,  the  proceeds  shall  represent  the  same  for 
the  purposes  of  these  rules. 


All  the  preceding  rules  and  regulations  for 
proceeding  in  cases  where  the  owner  or  owners  of 
a  ship  or  vessel  shall  desire  to  claim  the  benefit 
of  limitation  of  liability  provided  for  in  the  act 
of  Congress  in  that  behalf,  shall  apply  to  the  cir- 
cuit courts  of  the  United  States  where  such  cases 
are  or  shall  be  pending  in  said  courts  upon  appeal 
from  the  district  courts. 


In  a  suit  for  damage  by  collision,  if  the  claim- 
ant of  any  vessel  proceeded  against,  or  any  re- 
spondent proceeded  against  in  personam,  shall,  by 
petition,  on  oath,  presented  before  or  at  the  time 
of  answering  the  libel,  or  within  such  further  time 
as  the  court  may  allow,  and  containing  suitable 
allegations  showing  fault  or  negligence  in  any 
other  vessel  contributing  to  the  same  collision, 
and  the  particulars  thereof,  and  that  such  other 
vessel  or  any  other  party  ought  to  be  proceeded 
against  in  the  same  suit  for  such  damage,  pray 
that  process  be  issued  against  such  vessel  or  party 
to  that  end,  such  process  may  be  issued,  and,  if 
duly  served,  such  suit  shall  proceed  as  if  such 
vessel   or   party   had   been   originally   proceeded 


RULES  OF  PRACTICE   IN'    ADMIRALTY.  41 

against ;  the  other  parties  in  the  suit  shall  answer 
the  petition;  the  claimant  of  such  vessel  or  such 
new  party  shall  answer  the  libel ;  and  such  further 
proceedings  shall  be  had  and  decree  rendered 
by  the  court  in  the  suit  as  to  law  and  justice  shall 
appertain.  But  every  such  petitioner  shall,  upon 
filing  his  petition,  give  a  stipulation,  with  sufficient 
sureties,  to  pay  to  the  libellant  and  to  any  claim- 
ant or  new  party  brought  in  by  virtue  of  such 
process,  all  such  costs,  damages,  and  expenses  as 
shall  be  awarded  against  the  petitioner  by  the 
court  upon  the  final  decree,  whether  rendered  in 
the  original  or  a^Dpellate  court;  and  any  such 
claimant  or  new  party  shall  give  the  same  bonds 
or  stipuations  which  are  required  in  like  cases 
from  parties  brought  in  under  process  issued  on 
the  prayer  of  a  libellant. 


GENERAL  ORDERS  IN  BANKRUPTCY 


ADOPTED  AND  ESTABLISHED  BY  THE  SUPREME 

COURT  OF  THE  UNITED  STATES 

NOVEMBER  28,  1898 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1918 


GENERAL  ORDERS  IN  BANKRUPTCY. 


Supreme  Court  of  the  Uxited  States. 


OCTOBER    TERM,    1S98. 


In  pursuance  of  the  powers  conferred  by  the 
Constitution  and  laws  upon  the  Supreme  Court 
of  the  United  States,  and  particularly  by  the  act  of 
Congress  approved  July  1,  1898,  entitled  ''An  act 
to  establish  a  uniform  system  of  bankruptcy 
throughout  the  United  States,''  it  is  ordered,  on 
this  28th  day  of  November,  1898,  that  the. follow- 
ing rules  be  adopted  and  established  as  general 
orders  in  bankruptcy,  to  take  effect  on  the  first 
Monday,  being  the  second  day,  of  January,  1899. 
And  it  is  further  ordered  that  all  proceedings  in 
bankruptcy  had  before  that  day,  in  accordance 
Avith  the  act  last  aforesaid,  and  being  in  substan- 
tial conformity  either  with  the  provisions  of  these 
general  orders,  or  else  mth  the  general  orders  es- 
tablished by  this  court  under  the  bankrupt  act  of 
1867  and  with  any  general  rules  or  special  orders 
of  the  courts  in  bankruptcy,  stand  good,  subject, 
however,  to  such  further  regulation  by  rule  or 
order   of  those   courts   as  may   be   necessary  or 

32406°— 18 11  3 


4  GENERAL   ORDERS    IN    BANKRUPTCY. 

proper  to  carry  into  force  and  effect  the  bank- 
rupt act  of  1898  and  the  general  orders  of  this 
court. 

I. 

DOCKET. 

The  clerk  shall  keep  a  docket,  in  which  the  cases 
shall  be  entered  and  numbered  in  the  order  in 
which  they  are  conunenced.  It  shall  contain  a 
memorandum  of  the  filing  of  the  petition  and  of 
the  action  of  the  court  thereon,  of  the  reference  of 
the  case  to  the  referee,  and  of  the  transmission  by 
him  to  the  clerk  of  his  certified  record  of  the  pro- 
ceedings, with  the  dates  thereof,  and  a  memoran- 
dum of  all  proceedings  in  the  case  except  those 
duly  entered  on  the  referee's  certified  record  afore- 
said. The  docket  shall  be  arranged  in  a  manner 
convenient  for  reference,  and  shall  at  all  times  be 
open  to  public  inspection. 

II. 

FILING   OF   PAPERS. 

The  clerk  or  the  referee  shall  indorse  on  each 
paper  filed  with  him  the  day  and  hour  of  filing, 
and  a  brief  statement  of  its  character. 

III. 

PROCESS. 

All  process,  summons  and  subpoenas  shall  issue 
out  of  the  court,  under  the  seal  thereof,  and  be 


GENERAL   ORDERS    IN    BANKRUPTCY.  0 

tested  by  the  clerk;  and  blanks,  with  the  signa- 
ture of  the  clerk  and  seal  of  the  court,  may,  upon 
application,  be  furnished  to  the  referees. 

IV. 

CONDUCT    OF    PROCEEDINGS. 

Proceedings  in  bankruptcy  may  be  conducted  by 
the  banlvrupt  in  person  in  his  o^mi  behalf,  or  by 
a  petitioning  or  opposing  creditor;  but  a  creditor 
will  only  be  allowed  to  manage  before  the  court 
his  individual  interest.  Every  party  may  appear 
and  conduct  the  proceedings  by  attorney,  who 
shall  be  an  attorney  or  counsellor  authorized  to 
practice  in  the  circuit  or  district  court.  The  name 
of  the  attorney  or  counsellor,  with  his  place  of 
business,  shall  be  entered  upon  the  docket,  with 
the  date  of  the  entry.  All  papers  or  proceedings 
offered  by  an  attorney  to  be  filed  shall  be  indorsed 
as  above  required,  and  orders  granted  on  motion 
shall  contain  the  name  of  the  part}^  or  attorney 
making  the  motion.  Notices  and  orders  which  are 
not,  by  the  act  or  by  these  general  orders,  required 
to  be  served  on  the  party  personally  may  be  served 
upon  his  attorney. 

V. 

FRAME   OF   PETITION. 

All  petitions  and  the  schedules  filed  therewith 
shall  be  printed  or  written  out  plainly,  without 
abbreviation  or  interlineation,  except  where  such 


b  GENERAL   ORDERS    IN    BANKRUPTCY. 

abbreviation   and  interlineation  may  be   for  the 
purpose  of  reference. 

VI. 

PETITIOXS    IN    DIFFERENT    DISTRICTS. 

In  case  two  or  more  petitions  shall  be  filed 
against  the  same  individual  in  different  districts, 
the  first  hearing  shall  be  had  in  the  district  in 
which  the  debtor  has  his  domicil,  and  the  petition 
may  be  amended  by  inserting  an  allegation  of  an 
act  of  bankruptcy  conmiitted  at  an  earlier  date 
than  that  first  alleged,  if  such  earlier  act  is, 
charged  in  either  of  the  other  petitions;  and  in 
case  of  two  or  more  petitions  against  the_  same 
IDartnership  in  different  courts,  each  having  juris- 
diction over  the  case,  the  ^ietition  first  filed  shall 
be  first  heard,  and  may  be  amended  by  the  inser- 
tion of  an  allegation  of  an  earlier  act  of  bank- 
ruptcy than  that  first  alleged,  if  such  earlier  act 
is  charged  in  either  of  the  other  petitions;  and, 
in  either  case,  the  proceedings  upon  the  other 
petitions  may  be  stayed  until  an  adjudication  is 
made  upon  the  petition  first  heard;  and  the  court 
which  makes  the  first  adjudication  of  bankruptcy 
shall  retain  jurisdiction  over  all  proceedings 
therein  until  the  same  shall  be  closed.  In  case  two 
or  more  petitions  shall  be  filed  in  different  dis- 
tricts by  different  members  of  the  same  partner- 
ship for  an  adjudication  of  the  bankruptcy  of 
said  partnership,  the  court  in  which  the  iietition 


GENEItAL   ORDERS    IN    BANKRUPTCY,  i 

is  first  filed,  having  jurisdictioLi,  shall  take  and 
retain  jurisdiction  over  all  proceedings  in  such 
banki'uptcy  until  the  same  shall  be  closed;  and  if 
such  petitions  shall  be  filed  in  the  same  district, 
action  shall  be  first  had  upon  the  one  first  filed. 
But  the  court  so  retaining  jurisdiction  shall,  if 
satisfied  that  it  is  for  the  greatest  convenience  of 
parties  in  interest  that  another  of  said  courts 
should  proceed  with  the  cases,  order  them  to  be 
transferred  to  that  court. 

VII. 

PRIORITY    OF   PETITIONS. 

Whenever  two  or  more  petitions  shall  be  filed  by 
creditors  against  a  common  debtor,  alleging  sep- 
arate acts  of  bankruptcy  committed  by  said  debtor 
on  different  days  within  four  months  prior  to  the 
filing  of  said  petitions,  and  the  debtor  shall  appear 
and  show  cause  against  an  adjudication  of  bank- 
ruptcy against  him  on  the  petitions,  that  petition 
shall  be  first  heard  and  tried  which  alleges  the 
commission  of  the  earliest  act  of  bankruptcy ;  and 
in  case  the  several  acts  of  bankruptcy  are  alleged 
in  the  different  petitions  to  have  been  committed 
on  the  same  day,  the  court  before  which  the  same 
are  pending  may  order  them  to  be  consolidated, 
and  proceed  to  a  hearing  as  upon  one  petition ;  and 
if  an  adjudication  of  bankruptcy  be  made  upon 
either  petition,  or  for  the  commission  of  a  single 
act  of  bankruptcy,  it  shall  not  be  necessary  to  pro- 


8 


GENERAL   ORDERS    IN   BANKRUPTCY. 


ceed  to  a  hearing  upon  the  remaining  petitions, 
unless  proceedings  be  taken  by  the  debtor  for  the 
purpose  of  causing  such  adjudication  to  be  an- 
nulled or  vacated. 

vin. 

PROCEEDINGS   IN   PARTNERSHIP   CASES. 

Any  member  of  a  ]3artnership  who  refuses  to 
join  in  a  petition  to  have  the  partnership  declared 
bankrupt  shall  be  entitled  to  resist  the  prayer  of 
the  petition  in  the  same  manner  as  if  the  petition 
had  been  filed  by  a  creditor  of  the  partnership, 
and  notice  of  the  filing  of  the  petition  shall  be 
given  to  him  in  the  same  manner  as  provided  by 
law  and  by  these  rules  in  the  case  of  a  debtor  peti- 
tioned against ;  and  he  shall  have  the  right  to  ap- 
pear at  the  time  fixed  by  the  court  for  the  hearing 
of  the  petition,  and  to  make  proof,  if  he  can,  that 
the  partnership  is  not  insolvent  or  has  not  com- 
mitted an  act  of  bankruptcy,  and  to  make  all  de- 
fences which  any  debtor  proceeded  against  is  en- 
titled to  take  by  the  provisions  of  the  act ;  and  in 
case  an  adjudication  of  bankruptcy  is  made  upon 
the  petition,  such  partner  shall  be  required  to  file 
a  schedule  of  his  debts  and  an  inventory  of  his 
property  in  the  same  manner  as  is  required  by  the 
act  in  cases  of  debtors  against  whom  adjudication 
of  bankrupty  shall  be  made. 


GENERAL   ORDERS    IN    BANKRUPTCi'.  \f 

IX. 

SCHEOrLE  IX   IXVOLUXTARY   BAXKRUPTCY. 

In  all  cases  of  involuntary  bankruptcy  in  which 
the  bankrupt  is  absent  or  can  not  be  found,  it 
shall  be  the  duty  of  the  petitioning  creditor  to  file, 
within  five  days  after  the  date  of  the  adjudication, 
a  schedule  giving  the  names  and  places  of  resi- 
dence of  all  the  creditors  of  the  bankrupt,  accord- 
ing to  the  best  information  of  the  petitioning 
creditor.  If  the  debtor  is  found,  and  is  served 
with  notice  to  furnish  a  schedule  of  his  creditors 
and  fails  to  do  so,  the  petitioning  creditor  may 
apply  for  an  attachment  against  the  debtor,  or 
may  himself  furnish  such  schedule  as  aforesaid. 


INDEMNITY    FOR    EXPEX'SES. 

Before  incurring  any  expense  in  publishing  or 
mailing  notices,  or  in  traveling,  or  in  procuring 
the  attendance  of  witnesses,  or  in  perpetuating  tes- 
timony, the  clerk,  marshal,  or  referee  may  require, 
from  the  bankrupt  or  other  person  in  whose  behalf 
the  duty  is  to  be  perfonned,  indemnity  for  such 
expense.  Money  advanced  for  this  purpose  by  the 
bankrupt  or  other  person  shall  be  repaid  him  out 
of  the  estate  as  part  of  the  cost  of  administering 
the  same. 


10  GENERAL   ORDERS    IN    BANKRUTTCY. 

XI. 

AMENDMENTS. 

The  court  may  allow  amendments  to  the  petition 
and  schedules  on  application  of  the  petitioner. 
Amendments  shall  be  printed  or  written,  signed 
and  verified,  like  original  petitions  and  schedules. 
If  amendments  are  made  to  separate  schedules,  the 
same  must  be  made  separately,  with  proper  refer- 
ences. In  the  application  for  leave  to  amend,  the 
petitioner  shall  state  the  cause  of  the  error  in  the 
paper  originally  filed. 

XII. 

DUTIES    OF    REFEREE. 

1.  The  order  referring  a  case  to  a  referee  shall 
name  a  day  upon  which  the  bankrupt  shall  attend 
before  the  referee;  and  from  that  day  the  bank- 
rupt shall  be  subject  to  the  orders  of  the  court  in 
all  matters  relating  to  his  bankruptcy,  and  may 
receive  from  the  referee  a  protection  against  ar- 
rest, to  continue  until  the  final  adjudication  on  his 
application  for  a  discharge,  unless  suspended  or 
vacated  by  order  of  the  court.  A  copy  of  the 
order  shall  forthwith  be  sent  by  mail  to  the  referee, 
or  be  delivered  to  him  personally  by  the  clerk  or 
other  officer  of  the  court.  And  thereafter  all  the 
proceedings,  except  such  as  are  required  by  the 
act  or  by  these  general  orders  to  be  had  before  the 
judge,  shall  be  had  before  the  referee. 


GENERAL   ORDERS    IN    BANKRUPTCY. 


11 


2.  The  time  when  and  the  place  where  the 
referees  shall  act  upon  the  matters  arising  under 
the  several  cases  referred  to  them  shall  be  fixed  by 
special  order  of  the  judge,  or  by  the  referee ;  and 
at  such  times  and  places  the  referees  may  perform 
the  duties  which  they  are  empowered  by  the  act  to 
perfonn. 

3.  Applications  for  a  discharge,  or  for  the  ap- 
proval of  a  composition,  or  for  an  injunction  to 
stay  proceedings  of  a  court  or  officer  of  the  United 
States  or  of  a  State,  shall  be  heard  and  decided  by 
the  judge.  But  he  may  refer  such  an  application, 
or  any  specified  issue  arising  thereon,  to  the  referee 
to  ascertain  and  report  the  facts. 

XIII. 

APPOINTMENT  AND  EEMOVAL  OF  TRUSTEE. 

The  appointment  of  a  trustee  by  the  creditors 
shall  be  subject  to  be  approved  or  disapproved  by 
the  referee  or  by  the  judge;  and  he  shall  be  re- 
movable by  the  judge  only. 

XIV. 

NO  OFFICIAL  OR  GENERAL  TRUSTEE. 

>To  official  trustee  shall  be  appointed  by  the 
court,  nor  any  general  trustee  to  act  in  classes  of 
cases. 


12  GENERAL    ORDERS    IN    BANKRUPTCY. 

XV. 

TRUSTEE  NOT  APPOINTED   IX   CERTAIN   CASES. 

If  the  schedule  of  a  voluntary  bankrupt  dis- 
closes no  assets,  and  if  no  creditor  appears  at  the 
first  meeting,  the  court  may,  by  order  setting  out 
the  facts,  direct  that  no  trustee  be  appointed;  but 
at  any  time  thereafter  a  trustee  may  be  appointed, 
if  the  court  shall  deem  it  desirable.  If  no  trustee 
is  appointed  as  aforesaid,  the  court  may  order  that 
no  meeting  of  the  creditors  other  than  the  first 
meeting  shall  be  called. 

XVI. 

NOTICE  TO  TRUSTEE  OF   HIS  APPOINTMENT. 

It  shall  be  the  duty  of  the  referee,  immediately 
upon  the  appointment  and  approval  of  the  trustee, 
to  notify  him  in  person  or  by  mail  of  his  appoint- 
ment; and  the  notice  shall  require  the  trustee 
forthwith  to  notify  the  referee  of  his  acceptance  or 
rejection  of  the  trust  and  shall  contain  a  state- 
ment of  the  penal  sum  of  the  trustee's  bond. 

XVII. 

DUTIES  OF  TRUSTEE. 

The  trustee  shall,  inmaediately  upon  entering 
upon  his  duties,  prepare  a  complete  inventory  of 
all  the  property  of  the  bankrupt  that  comes  into 
his  possession.     The  trustee  shall  make  report  to 


GENERAL    ORDERS    IN    RANKRUPTCY.  13 

the  court,  withiu  twenty  days  after  reeeiviug  the 
notice  of  his  appointment,  of  the  articles  set  off  to 
the  bankrupt  by  him,  according  to  the  provisions 
of  the  forty-seventh  section  of  the  act,  with  the 
estimated  vahie  of  each  article,  and  any  creditor 
may  take  excex3tions  to  the  determination  of  the 
trustee  within  twenty  days  after  the  filing  of  the 
report.  The  referee  may  require  the  exceptions  to 
be  argued  before  him,  and  shall  certify  them  to 
the  court  for  final  determination  at  the  request 
of  either  party.  In  case  the  trustee  shall  neglect 
to  file  any  report  or  statement  which  it  is  made  his 
duty  to  file  or  make  by  the  act,  or  by  anj^  general 
order  in  bankruptcy,  within  five  days  after  the 
same  shall  be  due,  it  shall  be  the  duty  of  the  referee 
to  make  an  order  requiring  the  trustee  to  show 
cause  before  the  judge,  at  a  time  specified  in  the 
order,  w^hy  he  should  not  be  remoA^ed  from  office. 
The  referee  shall  cause  a  copy  of  the  order  to  be 
served  upon  the  trustee  at  least  seven  days  before 
the  time  fixed  for  the  hearing,  and  proof  of  the 
service  thereof  to  be  delivered  to  the  clerk.  All 
accounts  of  trustees  shall  be  referred  as  of  course 
to  the  referee  for  audit,  unless  otherwise  specially 
ordered  by  the  court. 

XVIII. 

SALE   OF   PROPERTY. 

1.  All  sales  shall  be  by  public  auction  unless 
otherwise  ordered  by  the  court. 


14 


GENERAL   ORDERS   IN    BANKRUPTCY. 


2.  Upon  application  to  the  court,  and  for  good 
cause  shown,  the  trustee  may  be  authorized  to  sell 
any  specified  portion  of  the  bankrupt's  estate  at 
private  sale;  in  which  case  he  shall  keep  an  ac- 
curate account  of  each  article  sold,  and  the  price 
received  therefor,  and  to  whom  sold;  which  ac- 
count he  shall  file  at  once  with  the  referee. 

3.  Upon  petition  by  a  bankrupt,  creditor,  re- 
ceiver or  trustee,  setting  forth  that  a  part  or  the 
whole  of  the  bankrupt's  estate  is  perishable,  the 
nature  and  location  of  such  perishable  estate,  and 
that  there  will  be  loss  if  the  same  is  not  sold  im- 
mediately, the  court,  if  satisfied  of  the  facts  stated 
and  that  the  sale  is  required  in  the  interest  of  the 
estate,  may  order  the  same  to  be  sold,  with  or 
without  notice  to  the  creditors,  and  the  proceeds  to 
be  deposited  in  court. 

XIX. 

ACCOUNTS  OF  MARSHAL. 

The  marshal  shall  make  return,  under  oath,  of 
his  actual  and  necessary  expenses  in  the  service  of 
every  warrant  addressed  to  him,  and  for  custody 
of  property,  and  other  services,  and  other  actual 
and  necessary  expenses  paid  by  him,  with  vouchers 
therefor  whenever  practicable,  and  also  with  a 
statement  that  the  amounts  charged  by  hun  are 
just  and  reasonable. 


GENERAL   ORDERS    IN    BAXKRUP'iCY.  15 

XX. 

PAPERS  FILED  AFTER  REFERENCE. 

Proofs  of  claims  and  other  papers  filed  subse- 
quently to  the  reference,  except  such  as  call  for 
action  by  the  judge,  may  be  filed  either  with  the 
referee  or  with  the  clerk. 

XXI. 

PROOF  OF  DEBTS. 

1.  Depositions  to  prove  claims  against  a  bank- 
rupt's estate  shall  be  correctly  entitled  in  the  court 
and  in  the  cause.  When  made  to  prove  a  debt  due 
to  a  partnership,  it  must  appear  on  oath  that  the 
deponent  is  a  member  of  the  partnership;  when 
made  by  an  agent,  the  reason  the  deposition  is  not 
made  by  the  claimant  in  person  must  be  stated; 
and  when  made  to  prove  a  debt  due  to  a  corpora- 
tion, the  deposition  shall  be  made  by  the  treasurer, 
or,  if  the  corporation  has  no  treasurer,  by  the 
officer  who  duties  most  nearly  correspond  to 
those  of  treasurer ;  if  the  treasurer  or  carrespond- 
ing  officer  is  not  within  the  district  wherein  the 
bankruptcy  proceedings  are  pending,  the  deposi- 
tion may  be  made  b}^  some  officer  or  agent  of  the 
corporation  having  knowledge  of  the  facts.  Depo- 
sitions to  prove  debts  existing  in  open  account 
shall  state  when  the  debt  l^ecame  or  will  become 
due ;  and  if  it  consists  of  items  maturing  at  differ- 
ent dates  the  average  due  date  shall  be  stated,  in 


16  -       GENERAL   ORDERS    IN    BANKRUPTCY. 

default  of  which  it  shall  not  be  necessary  to  com- 
pute interest  upon  it.  All  such  depositions  shall 
contain  an  averment  that  no  note  has  been  received 
for  such  account,  nor  any  judgment  rendered 
thereon.  Proofs  of  debt  received  by  any  trustee 
shall  be  delivered  to  the  referee  to  whom  the  cause 
is  referred. 

2.  Any  creditor  may  file  with  the  referee  a  re- 
quest that  all  notices  to  which  he  may  be  entitled 
shall  be  addressed  to  him  at  any  place,  to  be  desig- 
nated by  the  post-office  box  or  street  number,  as  he 
may  appoint ;  and  thereafter,  and  until  some  other 
designation  shall  be  made  by  such  creditor,  all 
notices  shall  be  so  addressed;  and  in  other  cases 
notices  shall  be  addressed  as  specified  in  the  proof 
of  debt. 

3.  Claims  which  have  been  assigned  before  proof 
shall  be  supported  by  a  deposition  of  the  o^^Tier  at 
the  time  of  the  commencement  of  proceedings,  set- 
ting forth  the  true  consideration  of  the  debt  and 
that  it  is  entirely  unsecured,  or  if  secured,  the  se- 
curity, as  is  required  in  proving  secured  claims. 
Upon  the  filing  of  satisfactory  proof  of  the  assign- 
ment of  a  claim  proved  and  entered  on  the  referee 's 
docket,  the  referee  shall  immediately  give  notice  by 
mail  to  the  original  claimant  of  the  filing  of  such 
proof  of  assignment;  and,  if  no  objection  be  en- 
tered within  ten  days,  or  within  further  time  al- 
lowed by  the  referee,  he  shall  make  an  order  sub- 
rogating the  assignee  to  the  original  claimant.    If 


GENERAL   ORDERS    IX    BANKRUPTCY.  17 

objectiou  be  made,  be  sball  proceed  to  bear  and 
determine  tbe  matter. 

4.  Tbe  claims  of  persons  contingently  liable  for 
tbe  bankrupt  may  be  proved  in  tbe  name  of  tbe 
creditor  ^Yben  kno\Mi  by  tbe  party  contingently 
liable.  Wben  tbe  name  of  tbe  creditor  is  un- 
known,  sucb  claim  may  be  proved  in  tbe  name  of 
tbe  party  contingently  liable ;  but  no  dividend  sball 
be  paid  upon  sucb  claim,  except  upon  satisfactory 
proof  tbat  it  will  diminisb  pro  tanto  tbe  original 
debt. 

5.  Tbe  execution  of  any  letter  of  attorney  to 
represent  a  creditor,  or  of  an  assignment  of  claim 
after  proof,  may  be  proved  or  acknowledged  before 
a  referee,  or  a  United  States  coromissioner,  or  a 
notary  public.  Wben  executed  on  bebalf  of  a 
partnersbip  or  of  a  corporation,  tbe  person  execut- 
ing tbe  instrument  sball  make  oatb  tbat  be  is  a 
member  of  tbe  partnersbip,  or  a  duly  autborized 
officer  of  tbe  corjDoration  on  wbose  bebalf  be  acts. 
Wben  tbe  person  executing  is  not  personally  known 
to  tbe  officer  taking  tbe  proof  or  acknowledgment, 
bis  identity  shall  be  establisbed  by  satisfactory 
proof. 

6.  Wben  tbe  trustee  or  any  creditor  sball  desire 
tbe  re-examination  of  any  claim  filed  against  tbe 
bankrupt's  estate,  be  may  apply  by  petition  to  tbe 
referee  to  wbom  the  case  is  referred  for  an  order  for 
such  re-examination,  and  thereupon  the  referee  shall 
make  an  order  fixing  a  time  for  hearing  the  petition, 
of  which  due  notice  shall  be  given  by  mail  addressed 


18  GENERAL   ORDERS    IN    BANKRUPTCY. 

to  the  creditor.  At  the  time  appointed  the  referee 
shall  take  the  examination  of  the  creditor  and  of 
any  witnesses  that  may  be  called  by  either  party, 
and  if  it  shall  appear  from  such  examination  that 
the  claim  ought  to  be  expunged  or  diminished  the 
referee  may  order  accordingly. 

XXII. 

TAKING   OF   TESTIIMONY. 

The  examination  of  witnesses  before  the  referee 
may  be  conducted  by  the  party  in  person  or  by  his 
counsel  or  attorney,  and  the  witnesses  shall  be  sub- 
ject to  examination  and  cross-examination,  which 
shall  be  had  in  conformity  with  the  mode  now 
adopted  in  courts  of  law.  A  deposition  taken  upon 
an  examination  before  a  referee  shall  be  taken 
down  in  writing  by  him,  or  under  his  direction,  in 
the  form  of  narrative,  unless  he  determines  that 
the  examination  shall  be  by  question  and  answer. 
When  completed  it  shall  be  read  over  to  the  wit- 
ness and  signed  by  him  in  the  presence  of  the 
referee.  The  referee  shall  note  upon  the  deposi- 
tion any  question  objected  to,  with  his  decision 
thereon;  and  the  court  shall  have  power  to  deal 
with  the  costs  of  incompetent,  immaterial,  or  ir- 
relevant depositions,  or  parts  of  them,  as  may  be 

just. 

XXIII. 

ORDERS    OF    REFEREE. 

In  all  orders  made  by  a  referee,  it  shall  be  re- 
cited, according  as  the  fact  may  be,  that  notice  was 


GENER.VL    ORDERS    IN    HANKRUPTCY 


19 


given,  and  the  manner  thereof;  or  that  the  order 
was  made  by  consent;  or  that  no  adverse  interest 
was  represented  at  the  hearing;  or  that  the  order 
was  made  after  hearing  adverse  interests. 

XXIV. 

TRANSMISSION  OF  PROVED  CLAIMS  TO  CLERK. 

The  referee  shall  forthwith  transmit  to  the  clerk 
a  list  of  the  claims  proved  against  an  estate,  with 
the  names  and  addresses  of  the  proving  creditors. 

XXV. 

SPECIAL  MEETIXG  OF  CREDITORS. 

Whenever,  by  reason  of  a  vacancy  in  the  office 
of  trustee,  or  for  any  other  cause,  it  becomes  neces- 
sary to  call  a  special  meeting  of  the  creditors  in 
order  to  carry  out  the  purposes  of  the  act,  the 
court  may  call  such  a  meeting,  sjDecifying  in  the 
notice  the  purpose  for  which  it  is  called. 

XXVI. 

ACCOUNTS  OF  REFEREE. 

Every  referee  shall  keep  an  accurate  account  of 
his  traveling  and  incidental  expenses,  and  of  those 
of  any  clerk  or  other  officer  attending  him  in  the 
perfonnance  of  his  duties  in  any  case  wliich  may 
be  referred  to  him;  and  shall  make  return  of  the 
same  under  oath  to  the  judge,  with  proper  vouch- 


20 


GENERAL    ORDERS    IN    BANKRUPTCY. 


ers  when  vouchers  can  be  procured,  on  the  first 
Tuesday  in  each  month. 

XXVII. 

RE^TEW  BY  JUDGE. 

When  a  bankrupt,  creditor,  trustee,  or  other 
person  shall  desire  a  review  by  the  judge  of  any 
order  made  by  the  referee,  he  shall  file  with  the 
referee  his  petition  therefor,  setting  out  the  error 
complained  of;  and  the  referee  shall  forthwith 
certify  to  the  judge  the  question  presented,  a  sum- 
mar}^  of  the  evidence  relating  thereto,  and  the  find- 
ing and  order  of  the  referee  thereon. 

xxvin. 

REDEMPTION     OF     PROPERTY     AND     COINIPOUNDING     OF 
CLAIMS. 

Whenever  it  may  be  deemed  for  the  benefit  of 
the  estate  of  a  bankrupt  to  redeem  and  discharge 
any  mortgage  or.  other  pledge,  or  deposit  or  lien, 
upon  any  property,  real  or  personal,  or  to  relieve 
said  property  from  any  conditional  contract,  and 
to  tender  performance  of  the  conditions  thereof,  or 
to  compound  and  settle  any  debts  or  other  claims 
due  or  belonging  to  the  estate  of  the  bankrupt,  the 
trusteee,  or  the  bankinipt,  or  any  creditor  who  has 
proved  his  debt,  may  file  his  petition  therefor; 
and  thereupon  the  court  shall  appoint  a  suitable 
time  and  place  for  the  hearing  thereof,  notice  of 


GENERAL   ORDERS    IN    BANKRUFICY 


21 


which  shall  be  given  as  the  court  shall  direct,  so 
that  all  creditors  aud  other  persons  interested  may 
appear  and  show  cause,  if  any  they  have,  why  an 
order  should  not  be  passed  by  the  court  upon  the 
petition  authorizing  such  act  on  the  part  of  the 
trustee. 

XXIX. 

PAYMENT  OF  MONEYS  DEPOSITED. 

No  monej^s  deposited  as  required  by  the  act  shall 
be  drawn  from  the  depository  unless  by  check  or 
warrant,  signed  by  the  clerk  of  the  court,  or  by  a 
trustee,  .and  countersigned  by  the  judge  of  the 
court,  or  by  a  referee  designated  for  that  purpose, 
or  by  the  clerk  or  his  assistant  under  an  order 
made  by  the  judge,  stating  the  date,  the  sum,  and 
the  account  for  which  it  is  drawn;  and  an  entry 
of  the  substance  of  such  check  or  warrant,  \vith 
the  date  thereof,  the  sum  drawn  for,  and  the  ac- 
count for  which  it  is  drawn  shall  be  forthwith 
made  in  a  book  kept  for  that  purpose  by  the  trus- 
tee or  his  clerk ;  and  all  checks  and  drafts  shall  be 
entered  in  the  order  of  time  in  which  they  are 
drawn,  and  shall  be  numbered  in  the  case  of  each 
estate.  A  copy  of  this  general  order  shall  be 
furnished  to  the  depository,  and  also  the  name  of 
any  referee  or  clerk  authorized  to  countersign  said 
checks. 


22 


GENERAL   ORDERS    IN   BANKRUPTCY. 


XXX. 

IMPRISONED  DEBTOR. 

If,  at  the  time  of  preferring  his  petition,  the 
debtor  shall  be  imf)risoned,  the  court,  upon  appli- 
cation, may  order  him  to  be  produced  upon  habeas 
corpus,  by  the  jailor  or  any  officer  in  whose  cus- 
tody he  may  be,  before  the  referee,  for  the  purpose 
of  testifying  in  any  matter  relating  to  his  bank- 
ruptcy; and,  if  committed  after  the  filing  of  his 
petition  upon  process  in  any  civil  action  founded 
upon  a  claim  provable  in  bankruptcy,  the  court 
may,  upon  like  application,  discharge  him  from 
such  imprisonment.  If  the  petitioner,  during  the 
pendency  of  the  proceedings  in  bankruptcy,  be  ar- 
rested or  imprisoned  upon  process  in  any  civil  ac- 
tion, the  district  court,  upon  his  application,  may 
issue  a  writ  of  haheas  corpus  to  bring  him  be- 
fore the  court  to  ascertain  whether  such  process 
has  been  issued  for  the  collection  of  any  claim 
provable  in  bankruptcy,  and  if  so  provable  he  shall 
be  discharged ;  if  not,  he  shall  be  remanded  to  the 
custody  in  which  he  may  lawfully  be.  Before 
granting  the  order  for  discharge  the  court  shall 
cause  notice  to  be  served  upon  the  creditor  or  his 
attorney,  so  as  to  give  him  an  opportunity  of  ap- 
l)earing  and  being  heard  before  the  granting  of  the 

order. 

XXXI. 

PETITIOX    FOR   DISCHARGE. 

The  petition  of  a  bankrupt  for  a  discharge  shall 
state  concisely,  in  accordance  with  the  provisions 


GENERAL   ORDERS    IN    BANKRUPTCY'.  23 

of  the  act  and  the  orders  of  the  couii-,  the  proceed- 
ings in  the  case  and  the  acts  of  the  bankrupt. 

XXXII. 

OPPOSITIOX    TO    DISCHARGE    OR    COMPOSITION. 

A  creditor  opposing  the  application  of  a  bank- 
rupt for  his  discharge,  or  for  the  confirmation  of  a 
composition,  shall  enter  his  appearance  in  opposi- 
tion thereto  on  the  day  when  the  creditors  are  re- 
quired to  show  cause,  and  shall  file  a  specification 
in  writing  of  the  grounds  of  his  opposition  within 
ten  days  thereafter,  unless  the  time  shall  be  short- 
ened or  enlarged  by  special  order  of  the  judge. 

XXXIII. 

ARBITRATION. 

Whenever  a  trustee  shall  make  application  to 
the  court  for  authority  to  submit  a  controversy 
arising  in  the  settlement  of  a  demand  against  a 
bankrupt's  estate,  or  for  a  debt  due  to  it,  to  the 
determination  of  arbitrators,  or  for  authority  to 
compound  and  settle  such  controversy  by  agree- 
ment with  the  other  party,  the  application  shall 
clearly  and  distinctly  set  forth  the  subject  matter 
of  the  controversy,  and  the  reasons  why  the  trustee 
thinks  it  proper  and  most  for  the  interest  of  the 
estate  that  the  controversy  should  be  settled  by 
arbitration  or  otherwise. 


24  GENERAL   ORDERS    IN    BANKRUPTOT. 

XXXIY. 

COSTS  IN-  CONTESTED  ADJUDICATIONS. 

In  cases  of  involuntary  bankruptcy,  when  the 
debtor  resists  an  adjudication,  and  the  court,  after 
hearing,  adjudges  the  debtor  a  bankrupt,  the  pe- 
titioning creditor  shall  recover,  and  be  paid  out  of 
the  estate,  the  same  costs  that  are  allowed  to  a 
party  recovering  in  a  suit  in  equity;  and  if  the 
petition  is  dismissed,  the  debtor  shall  recover  like 
costs  against  the  petitioner. 

XXXV. 

COMPENSATION   OF   CLERKS,  REFEREES,   AND   TRUSTEES. 

1.  The  fees  allowed  by  the  act  to  clerks  shall  be 
in  full  compensation  for  all  services  performed  by 
them  in  regard  to  filing  petitions  or  other  papers 
required  by  the  act  to  be  filed  with  them,  or  in 
certifying  or  delivering  papers  or  copies  of  records 
to  referees  or  other  officers,  or  in  receiving  or  pay- 
ing out  money;  but  shall  not  include  copies  fur- 
nished to  other  persons,  or  expenses  necessarily  in- 
curred in  publishing  or  mailing  notices  or  other 
papers. 

2.  The  compensation  of  referees,  prescribed  by 
the  act,  shall  be  in  full  compensation  for  all  serv- 
ices performed  by  them  under  the  act,  or  under 
these  general  orders;  but  shall  not  include  ex- 
penses necessarily  incurred  by  them  in  publishing 
or  mailing  notices,  in  traveling,  or  in  perpetuating 


GENERAL   ORDERS    IN    BANKRUPTCY. 


25 


testimony,  or  other  expenses  necessarily  incurred 
in  the  performance  of  their  duties  under  the  act 
and  allowed  by  special  order  of  the  judge. 

3.  The  compensation  allowed  to  trustees  by  the 
act  shall  be  in  full  compensation  for  the  services 
performed  by  them ;  but  shall  not  include  expenses 
necessarily  incurred  in  the  performance  of  their 
duties  and  allowed  upon  the  settlement  of  their  ac- 
counts. 

4.  In  any  case  in  which  the  fees  of  the  clerk, 
referee,  and  trustee  are  not  required  by  the  act  to 
be  paid  by  a  debtor  before  filing  his  petition  to  be 
adjudged  a  bankrupt,  the  judge,  at  any  time  dui-- 
ing  the  pendency  of  the  proceedings  in  bank- 
ruptcy, may  order  those  fees  to  be  paid  out  of  the 
estate;  or  may,  after  notice  to  the  bankrupt,  and 
satisfactory  proof  that  he  then  has  or  can  obtain 
the  money  with  which  to  pay  those  fees,  order  him 
to  pay  them  within  a  time  specified,  and,  if  he  fails 
to  do  so,  may  order  his  petition  to  be  dismissed. 
He  may  also,  pending  such  proceedings,  both  in 
voluntary  and  involuntary  cases,  order  the  com- 
missions of  referees  and  trustees  to  be  paid  imme- 
diately after  such  commissions  accrue  and  are 
earned. 

XXXVI. 

APPEALS. 

1.  Appeals  from  a  court  of  bankruptcy  to  a 
circuit  court  of  appeals,  or  to  the  supreme  court  of 
a  Territory,  shall  be  allowed  by  a  judge  of  the 


26  GENERAL   ORDERS    IN    BANKRUPTCY. 

court  appealed  from  or  of  the  court  appealed  to, 
and  shall  be  regulated,  except  as  otherwise  pro- 
vided in  the  act,  by  the  rules  governing  appeals  in 
equity  in  the  courts  of  the  United  States. 

2.  Appeals  under  the  act  to  the  Supreme  Court 
of  the  United  States  from  a  circuit  court  of  ap- 
peals, or  from  the  supreme  court  of  a  Territory,  or 
from  the  Supreme  Court  of  the  District  of  Co- 
lumbia, or  from  any  court  of  bankruptcy  what- 
ever, shall  be  taken  within  thirty  days  after  the 
judgment  or  decree  and  shall  be  allowed  by  a 
judge  of  the  court  appealed  from,  or  by  a  justice 
of  the  Supreme  Court  of  the  United  States. 

3.  In  every  case  in  which  either  party  is  entitled 
by  the  act  to  take  an  appeal  to  the  Supreme  Court 
of  the  United  States,  the  court  from  which  the  ap- 
peal lies  shall,  at  or  before  the  time  of  entering  its 
judgment  or  decree,  make  and  file  a  finding  of  the 
facts  and  its  conclusions  of  law  thereon,  stated 
separately;  and  the  record  transmitted  to  the  Su- 
preme Court  of  the  United  States  on  such  an  ap- 
peal shall  consist  only  of  the  pleadings,  the  judg- 
ment or  decree,  the  finding  of  facts,  and  the  con- 
clusions of  law. 

XXXVII. 

GENERAL   PROVISIONS. 

In  proceedings  in  equity  instituted  for  the  pur- 
pose of  carrying  into  effect  the  provisions  of  the 
act,  or  for  enforcing  the  rights  and  remedies  given 


GENERAL   ORDERS    IN    BANKRUPTCY. 


27 


by  it,  the  rules  of  equity  practice  established  by 
the  Supreme  Court  of  the  United  States  shall  be 
followed  as  nearly  as  may  be.  In  proceedings  at 
law  instituted  for  the  same  purpose  the  practice 
and  procedure  in  cases  at  law  shall  be  followed  as 
nearly  as  may  be.  But  the  judge  may,  by  special 
order  in  any  case,  vary  the  time  allowed  for  return 
of  process,  for  appearance  and  pleading,  and  for 
taking  testimony  and  publication,  and  may  other- 
wise modify  the  rules  for  the  preparation  of  any 
particular  case  so  as  to  facilitate  a  speedy  hearing. 

XXXVIII. 

FORMS. 

The  several  forms  annexed  to  these  general 
orders  shaU  be  observ'ed  and  used,  with  such  alter- 
ations as  may  be  necessary  to  suit  the  circum- 
stances of  any  particular  case. 


RULES  FOR  PRACTICE  AND  PROCEDURE 

UNDER  SECTION  25  OF  AN  ACT  TO  AMEND 

AND   CONSOLIDATE   THE  ACTS 

RESPECTING  COPYRIGHT 


APPROVED  MARCH  4,  1909,  TO  TAKE  EFFECT 
JULY  1,  1909 


ADOPTED  AND  PROMULGATED  BY  THE  SUPREME 

COURT  OF  THE  UNITED  STATES 

JUNE  1,  1909 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1918 


RULES  ADOPTED  BY  THE  SUPREME  COURT  OF  THE  UNITED 
STATES  FOR  PRACTICE  AND  PROCEDURE  UNDER  SEC- 
TION 25  OF  AN  ACT  TO  AMEND  AND  CONSOLIDATE  THE 
ACTS  RESPECTING  COPYRIGHT,  APPROVED  MARCH  4, 
1909.    TO  GO  INTO  EFFECT  JULY  1,  1909. 


1. 

The  existing  rules  of  equity  practice,  so  far  as 
they  may  be  applicable,  shall  be  enforced  in  pro- 
ceedings instituted  under  section  twenty-five  (25) 
of  the  Act  of  March  fourth,  nineteen  hundred  and 
nine,  entitled  ' '  An  act  to  amend  and  consolidate  the 
acts  respecting  copyright." 

2. 

A  copy  of  the  alleged  infringement  of  Copy- 
right, if  actually  made,  and  a  copy  of  the  work 
alleged  to  be  infringed,  should  accompany  the  peti- 
tion, or  its  absence  be  explained;  except  in  cases 
of  alleged  infringement  by  the  public  performance 
of  dramatic  and  dramatico-musical  compositions, 
the  delivery  of  lectures,  sermons,  addresses,  and 
so  forth,  the  infringement  of  copyright  upon  sculp- 
tures and  other  sunilar  works  and  in  any  case 
where  it  is  not  feasible. 

3. 

Upon  the  institution  of  any  action,  suit  or  i3ro- 
ceeding,  or  at  any  time  thereafter,  and  before  the 
entry  of  final  judgment  or  decree  therein,  the 
plaintiff  or  complainant,  or  his  authorized  agent 

3 


4:  RULES    RESPECTING    COPYRIGHT. 

or  attorney,  may  file  with  the  Clerk  of  any  Court 
given  jurisdiction  under  section  34  of  the  Act  of 
March  4,  1909,  an  affidavit  stating  upon  the  best 
of  his  knowledge,  information  and  belief,  the 
number  and  location,  as  near  as  may  be,  of  the 
alleged  infringing  copies,  records,  plates,  molds, 
matrices,  etc.,  or  other  means  for  making  the 
copies  alleged  to  infringe  the  copyright,  and  the 
value  of  the  same,  and  with  such  affidavit  shall  file 
with  the  Clerk  a  bond  executed  by  at  least  two 
sureties  and  approved  by  the  Court  or  a  Commis- 
sioner thereof. 


Such  bond  shall  bind  the  sureties  in  a  specified 
sum,  to  be  fixed  by  the  court,  but  not  less  than  twice 
the  reasonable  value  of  such  infringing  copies, 
plates,  records,  molds,  matrices,  or  other  means  for 
making  such  infringing  copies,  and  be  conditioned 
for  the  prompt  prosecution  of  the  action,  suit,  or 
proceeding;  for  the  return  of  said  articles  to  the 
defendant,  if  they  or  any  of  them  are  adjudged  not 
to  be  infringements,  or  if  the  action  abates,  or  is 
discontinued  before  they  are  returned  to  the  de- 
fendant ;  and  for  the  payment  to  the  defendant  of 
any  damages  which  the  Court  may  award  to  him 
against  the  plaintiff  or  complainant.  Upon  the 
filing  of  said  affidavit  and  bond,  and  the  approval 
of  said  bond,  the  clerk  shall  issue  a  writ  directed  to 
the  Marshal  of  the  district  where  the  said  infring- 
ing copies,  plates,  records,  molds,  matrices,  etc.,  or 
other  means  of  making  such  infringing  copies  shall 


RrT.ES    RESPECTING    rOPVRTOlIT. 


be  stated  in  said  affidavit  to  be  located,  and  gener- 
ally to  any  Marshal  of  the  United  States  directing 
the  said  Marshal  to  forthwith  seize  and  hold  the 
same  subject  to  the  order  of  the  Court  issuing  said 
wi'it,  or  of  the  Court  of  the  district  in  which  the 
seizure  shall  be  made. 

6. 

The  Marshal  shall  thereupon  seize  said  articles  or 
any  smaller  or  larger  part  thereof  he  may  then  or 
thereafter  find,  using  such  force  as  may  be  reason- 
ably necessary  in  the  premises,  and  serve  on  the 
defendant  a  copy  of  the  affidavit,  writ,  and  bond  by 
delivering  the  same  to  him  personally,  if  he  can  be 
found  within  the  district,  or  if  he  can  not  be  found, 
to  his  agent,  if  any,  or  to  the  person  from  whose 
possession  the  articles  are  taken,  or  if  the  owner, 
agent,  or  such  person  can  not  be  found  within  the 
district,  by  leaving  said  copy  at  the  usual  i3lace  of 
abode  of  such  owner  or  agent,  with  a  person  of  suit- 
able age  and  discretion,  or  at  the  place  where  said 
articles  are  found,  and  shall  make  immediate  re- 
turn of  such  seizure,  or  attempted  seizure,  to  the 
Court.  He  shall  also  attach  to  said  articles  a  tag  or 
label  stating  the  fact  of  such  seizure  and  warning 
all  persons  from  in  any  manner  interfering  there- 
with. 

6. 

A  Marshal  who  has  seized  alleged  infringing  ar- 
ticles, shall  retain  them  in  his  possession,  keeping 
them  in  a  secure  place,  subject  to  the  order  of  the 
Court. 


RULES   RESPECTING    COPYRIGHT. 

7. 


Within  three  days  after  the  articles  are  seized, 
and  a  copy  of  the  affidavit,  wiit  and  bond  are 
served  as  hereinbefore  provided,  the  defendant  shall 
serve  upon  the  clerk  a  notice  that  he  excepts  to  the 
amount  of  the  penalty  of  the  bond,  or  to  the  sure- 
ties of  the  plaintiff  or  complainant,  or  both,  other- 
wise he  shall  be  deemed  to  have  waived  all  objec- 
tion to  the  amount  of  the  penalty  of  the  bond  and 
the  sufficiency  of  the  sureties  thereon.  If  the  Court 
sustain  the  exceptions  it  may  order  a  new  bond  to 
be  executed  by  the  plaintiff  or  complainant,  or  in 
default  thereof  within  a  time  to  be  named  by  the 
Court,  the  property  to  be  returned  to  the  defendant. 


Within  ten  days  after  service  of  such  notice,  the 
attorney  of  the  plaintiff  or  complainant  shall  serve 
upon  the  defendant  or  his  attorney  a  notice  of  the 
justification  of  the  sureties,  and  said  sureties  shall 
justify  before  the  Court  or  a  Judge  thereof  at  the 
time  therein  stated. 


The  defendant,  if  he  does  not  except  to  the 
amount  of  the  penalty  of  the  bond  or  the  sufficiency 
of  the  sureties  of  the  plaintiff  or  complainant,  may 
make  application  to  the  court  for  the  return  to 
him  of  the  articles  seized,  upon  filing  an  affidavit 
stating  all  material  facts  and  circumstances  tend- 
ing to  show  that  the  articles  seized  are  not  inf  ring- 


RULES   RESPECTING    COPYRIGHT.  7 

ing  copies,  records,  plates,  molds,  matrices,  or 
means  for  making  the  copies  alleged  to  infringe  the 
copyright. 


Thereupon  the  Com-t  in  its  discretion,  and  after 
such  hearing  as  it  may  direct,  may  order  such  re- 
turn upon  the  filing  by  the  defendant  of  a  bond  ex- 
ecuted by  at  least  two  sureties,  binding  them  in  a 
specified  sum  to  be  fixed  in  the  discretion  of  the 
Court,  and  conditioned  for  the  delivery  of  said  speci- 
fied articles  to  abide  the  order  of  the  Court.  The 
plaintiff  or  complainant  may  require  such  sureties 
to  justify  within  ten  days  of  the  filing  of  such  bond. 


Upon  the  granting  of  such  application  and  the 
justification  of  the  sureties  on  the  bond,  the  Mar- 
shall shall  iimnediately  deliver  the  articles  seized 
to  the  defendant. 

12, 

Any  service  required  to  be  performed  by  any 
Marshal  may  be  performed  by  any  deputy  of  such 
Marshal. 

18. 

For  services  in  cases  arising  under  this  section, 
the  Marshal  shall  be  entitled  to  the  same  fees  as  are 
allowed  for  similar  services  in  other  cases. 

32406°— 18 13 

o 


14  DAY  USE 

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